(영문) 의정부지방법원고양지원 2016.02.18 2014가합5739

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(영문) 의정부지방법원고양지원 2016.02.18 2014가합5739

손해배상(기)

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1. The Defendant’s KRW 1,178,371,436 and the Plaintiff’s annual rate of KRW 5% from July 9, 2014 to February 18, 2016, and the following.

Reasons

1. Basic facts

A. The defendant is a company whose business purpose is the wholesale and retail business of cosmetics, and the Chinese heart cosmetic unemployment Limited Corporation (hereinafter "China Life") is a company that produces and sells cosmetics in China.

The defendant entered into a supply contract with a domestic company that can supply cosmetics manufacturing technology and raw materials, and operated a business in the form of supplying cosmetics manufacturing technology and raw materials supplied by the domestic company when requested for the supply of cosmetics manufacturing technology and raw materials from Chinese life.

B. On January 2, 2010, the Defendant entered into a contract on the supply of technology and raw materials with C (hereinafter “C”) with the Defendant on January 2, 2010, stating that C shall develop the manufacturing technology of cosmetics as requested by the Defendant and provide it to the Defendant and supply the materials of the cosmetics to the Defendant.

(hereinafter “instant supply contract”). The main contents are as follows:

The defendant and supplier C of raw materials and technology transfer shall enter into a contract for the supply of raw materials and technology transfer for the development and manufacture of products for Chinese life as follows:

Article 1(Purpose)The purpose of this Agreement is to develop and supply the technology transfer and goods prescribed in Article 2 to the Defendant, and to contribute to the mutual benefits and common prosperity between the Defendant and the Defendant’s members by using the goods.

Article 2 (Field of Cooperation) C provides dispatch of technical human resources to acquire skills related to the manufacture of cosmetics for Chinese life so as not to impede the production of Chinese life, and C shall provide written notice of product development schedule and progress to the defendant and cooperate with each other so that it is reasonable to develop.

Article 3 (Goods) The names of goods that C supplies to the defendant shall be as follows:

1. Names of goods: Raw materials requested by the defendant;

2. Specifications: Article 4 (Business Division and Terms and Conditions of Supply by Product.

1. C shall be in writing to the Defendant, and

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