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(영문) 서울고등법원 2017.02.16 2016나2020068
손해배상(기)
Text

1. The part against the defendant among the judgment of the court of first instance (the part accepting the plaintiff's claim) shall be revoked.

2. As to the above revoked part.

Reasons

1. Basic facts (1) The Plaintiff is a stock company that carries on the business of manufacturing materials and additives, and the Defendant is a stock company that carries on the business of importing and exporting cosmetics.

The New Living Group (China) Limited Corporation (hereinafter referred to as "China Company") is a seller of cosmetics in China.

(2) On January 2, 2010, C and the Defendant concluded a “technology transfer and raw material supply contract” with the following content:

(A) Certificate No. 1, hereinafter referred to as “instant contract”). The defendant and the supplier of raw materials and technology transfer buyers shall enter into a contract for the supply of raw materials and technology transfer for the development and manufacture of the products of the Chinese company and observe it in good faith:

Section 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 profit-raising and joint prosperity between the Defendant and the Defendant’s members by using the goods.

Article 2 (Cooperation Sector) The Dispute Resolution Bank shall dispatch technical human resources for the acquisition of technology related to the manufacture of cosmetics in Chinese life so that it does not impede the production of Chinese life, and the Dispute Resolution Bank shall notify the defendant of the product development schedule and progress in writing, and shall cooperate with each other so that it is reasonable to develop it.

Article 3 (Goods) The names of goods supplied to the defendant by the Dispute Resolution Co., Ltd. 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 ABS shall agree to provide the Defendant with a written and non-written description of the contract product.

2. C. The Co., Ltd. shall be responsible for the development, design, manufacture, and production of the user contract products provided to the defendant and other relevant technical data.

In principle, the vice president D of the CBA shall have overall control over the product design and development and support the management of the CBA.

Provided, That change may be made through mutual consultation.

3. The Co., Ltd. shall complete the technology of the contract products by the defendant.

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