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(영문) 서울북부지방법원 2016.03.30 2013가합21677
손해배상(기)
Text

1. The Defendant’s KRW 50,000,000 as well as its annual 6% from October 14, 2015 to March 30, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company that carries on the import and export business of golf products and wholesale and retail business in Korea, and the defendant is a company that carries on the manufacturing and sales business of golf products in Japan.

B. On October 6, 2009, the Plaintiff entered into a contract with the Defendant to be supplied with a golf club produced by the Defendant and to sell a monopoly in Korea (hereinafter “instant contract”).

The main contents of the above contract and the detailed contract prepared with it are as follows:

Article 3 (Disposition) (2) With respect to the order, the plaintiff (the plaintiff) submitted to Gap (the defendant) an order stating the name, quantity, shipping time, etc. of the object of the order (hereinafter referred to as "individual goods"), and the order shall be established at the time the defendant consented thereto.

(5) The shipment date of orders shall be at least three months, but the defendant shall endeavor to ensure that it is possible to do so.

6. The payment of the price for the order shall be made in full by the plaintiff to the defendant two weeks prior to the shipment date.

7. The defendant may modify the specifications, contents, packaging, etc. of all or part of the goods he handles during the term of this contract.

Article 10 (Period of Validity of this Agreement) (1) The term of validity of this Agreement shall be four years only from the date of conclusion of this Agreement.

Article 11 (Cancellation of Contracts) (1) The plaintiff or defendant may cancel all or part of this Agreement or an individual contract after the peremptory notice if both parties fall under any of the causes not more than ever.

Provided, That in cases falling under subparagraph 1, the peremptory notice to the other party shall not be required.

1. Where it has instituted or received the procedure corresponding thereto such as closure of business, bankruptcy, civil reproduction, reorganization of a company, or rehabilitation methods of a company;

2. If the other party has breached the provisions of this Agreement or of an individual contract or a guarantee agreement, or if the other party has caused problems to the extent of undermining social credibility and thereby has collapsed the trust relationship that it is difficult for that party to recover, ② the plaintiff or the defendant under the above paragraph (1).

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