1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

당사자의 관계 원고는 비료ㆍ농약 도소매업 등을 영위하는 자로서 ‘C’이라는 사업체를 운영하는 개인사업자이고, 피고는 농약 등 제조업 및 농자재 판매업 등을 영위하는 회사로서 소나무 재선충 방제약제인 아바멕틴분산성액제 1.8%(이하 ‘이 사건 농약’이라 한다) 제품을 농촌진흥청에 ‘D’이라는 상표명으로 등록하여 이를 수입ㆍ판매하는 회사이다.

Co., Ltd. E (hereinafter referred to as “E”) is a company that engages in manufacturing business and marketing business of agricultural materials, etc. such as pesticides, and is a registrant who has registered the instant pesticide in the name of “F” in the Rural Development Administration.

Article 1 (Purpose and Definition) of the consignment sale contract, such as the conclusion of consignment sale contract between the Plaintiff and the Defendant, and Article 1 (Purpose and Definition) of the consignment sale contract that the Defendant supplies to the Plaintiff refers to the pesticide 4 L (liter) package unit (hereinafter “products”).

③ The Plaintiff has exclusive sales rights in the Republic of Korea for the management of trees of the Public Procurement Service, the Korea Forest Service, the local self-tender supply (hereinafter referred to as “government supply”) and golf courses from the Defendant, the supplier of the product.

Article 2 (Conditions of Transaction) (1) The defendant is responsible for the quality control pursuant to the Agrochemicals Control Act as a supplier of goods, and supplies active ingredients, products gymnasium and packing materials without defects.

2. The main body of supply to institutions, such as the Public Procurement Service, shall be the plaintiff.

(3) The minimum quantity of products that the plaintiff purchases from the defendant shall be at least 4 L (liter) 1,250 m (5,000 m) per year.

(4) Other detailed matters shall be in accordance with a separate written agreement.

Article 4 (Payment of Product Price) (1) With respect to the quantity for the Public Procurement Service/Forest Administration, the defendant shall deliver all of the products to the plaintiff collectively, and the plaintiff shall pay the product price to the defendant in cash within seven days from the date of issuance of the

Article 6 (Cooperation Matters)