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(영문) 서울고등법원 2017.10.20 2017나2022139
중재판정 취소의 소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts below the basis of facts are either in dispute between the parties or in each entry in Gap evidence Nos. 2 to 14, 20, 21 (including the branch numbers; hereinafter the same shall apply). It shall be acknowledged by taking into account the overall purport of the pleadings.

[1] The plaintiff is a corporation with the purpose of manufacturing, introducing, and selling medical equipment and medical appliances.

The defendant is a corporation with the purpose of importing, exporting, trading, etc. medical equipment, respiratory protective equipment, and gas testing equipment.

On March 15, 2011, the Plaintiff entered into an agency contract with the Defendant that the Plaintiff sold medical equipment by receiving medical equipment from the Defendant, and set the expiry date on December 31, 201.

Since then, the Plaintiff and the Defendant concluded an agency contract with the same content as the annual contract term for a period of one year, and concluded an agency contract with the contract term from January 1, 2014 to December 31, 2014.

(2) When concluding an agency contract with a company including the Plaintiff, the Defendant printed the form of the agency contract in which the main contents are printed in the same format, excluding the part for the specification of the contracting party, such as the name of the agent, etc., on one page of the contract, and entered into the contract in the manner of presenting it to the company including the Plaintiff, and taking the official initiative in the above form. The contract of this case was written in the above manner.

[Written Contract (Evidence A No. 2-4 of the instant contract) signed at the time of entering into the instant contract

[] Article 25 (In the event of a dispute arising in connection with this Agreement, the Parties shall settle the dispute friendly by mutual agreement after the occurrence of the dispute. If the dispute is not settled within 30 days after the occurrence of the dispute, an arbitration shall be conducted in accordance with the Arbitration Rules at the Korean Commercial Arbitration Board in Seoul.

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