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Reasons
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(영문) 서울중앙지방법원 2018.07.19 2017가단58350
손해배상 청구의 소
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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 11,671,50 and each year from September 27, 2014 to July 19, 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff’s agent contract of this case is a company engaged in the manufacture and sale of tyring, etc., such as tyring, etc., produced and supplied by the Plaintiff between Defendant A and the Plaintiff on January 2010, and sales of tyring, etc., as a special contract store between Defendant A and Defendant A (hereinafter “instant agency contract”).

A) A. Nonparty D and Defendant B jointly and severally guaranteed the obligation that Defendant A owes to the Plaintiff in accordance with the foregoing agreement. The Plaintiff delivered to Defendant A a “special agreement agreement” containing the said agreement (Evidence 2) and its main contents are as follows: A and B enter into a special agreement transaction agreement with respect to the products produced or supplied by Party A; thereafter, Article 2 (Products 1) provides the following goods to Party B:

1. Tyres, tubes, boobys;

2. Battery and Carcessosry;

3. Other goods deemed necessary by A shall be sold to users on the name of B and on the account of purchase of goods by A.

Article 5(Conditions of Transaction)(1) The product price that A sells to B shall be the ex-factory price that A designates. Article 9(Offer)(1)(A) shall consult in advance with A in the event of a change in the facilities of the workplace, and as necessary, A may provide B with signboards, advertisements, etc. beneficial to the promotion of sale, and B shall cooperate with A in attachment, removal, improvement, change, etc. thereof.

Article 13 (Exercise of Claims)(1) When this contract is terminated or terminated, B and the joint guarantor shall immediately pay the balance of the obligation to A, and the amount of the bill, among securities issued or endorsed by B, for which the due date has yet to expire, shall be paid in full at the time of the termination of this contract. Article 17 (Period of this Agreement shall be in force for five years from the date of the contract and thirty days before the expiration of the contract.

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