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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The facts under the basis of the facts are either in dispute between the parties or acknowledged by considering the overall purport of the pleadings as a whole in each entry of Gap evidence Nos. 1 to 11 and Eul evidence Nos. 1 to 3 (including the branch numbers; hereinafter the same shall apply).
[1] Since 1988, C has been engaged in the wholesale and retail business of medical appliances using the trade name "A" or "a name used in trading with D companies abroad."
The defendant is a U.S. company that engages in selling medical devices.
C Around January 2010, “D” entered into a total sales agreement (D) under which C had exclusive rights to marketing, sale, and distribution in the Republic of Korea of the Defendant’s products and pay the price for the products supplied by the Defendant, by December 31, 2014.
10.The governing law of the general clause (a) and the governing general contract of this case shall be governed and interpreted in accordance with the laws of California.
The federal and state courts in California shall have exclusive jurisdiction over the judicial settlement of disputes arising out of the instant sales contract.
“D. The same shall apply hereinafter hereinafter)” expressly agrees to (i) the personal jurisdiction of the federal and State courts in California, (ii) the procedure of delivery by means of a registered mail sent to the address described in the book stated in the book of the instant entire contract, and (iii) the execution by the said court in any other jurisdiction in respect of which the “sales store” or its assets present.
10. GENERAL PROVISIONS (a) Governing Law and Jurisdiction This Agreement shall be governed by and construed under the laws of the State of California. The federal and state courts within the State of California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Distributor hereby expressly consent...