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(영문) 수원지방법원 2018.12.20 2018나51423
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is operating a wholesale and retail business with the trade name of “C”, and the Defendant is manufacturing medical devices, receiving, accessing, etc.

B. On June 15, 2015, the Plaintiff and the Defendant entered into an agency contract (hereinafter “instant agency contract”). Article 3 of the sales agency contract (referred to as granting sales area and sales right) of the Plaintiff’s sales agency contract as medical personnel or clinics located in Busan and Gyeongnam-do, and the Defendant grants the Plaintiff the right to sell the goods to the Plaintiff: Provided, That the supplier’s regional agencies and the customers or hospitals already supplying the goods to the Plaintiff are notified in advance and excluded from the scope of the right to sell the goods. The Plaintiff may sell the goods after obtaining the consent of the Defendant so as not to cause overlapping transaction with the Defendant’s other sales stores by notifying the Defendant in advance to the extent that it does not interfere with the Plaintiff’s payment of the contract price.

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