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(영문) 부산지방법원 2018.08.17 2017가단315006
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The parties 1) The Plaintiff Company and the Defendant Company B (hereinafter “Defendant Company”)

(2) Since July 2009, D was engaged in the wholesale and retail business of medical devices with the trade name of “E”, D was established on July 19, 2012 with Defendant C, etc. to import and sell medical devices, such as knife, ste, spacte, and cream, with Defendant C, etc., and the Defendant Company was established on July 19, 2012, and thereafter, on May 23, 2013, the Plaintiff Company was in office as the representative director and director of the Plaintiff Company and was in office as the auditor of the Plaintiff Company after the Plaintiff Company was established on June 10, 2013. From July 19, 2012 to May 23, 2013, D was in office as the auditor of the Plaintiff Company and was appointed as the representative director of the Plaintiff Company after its incorporation.

B. On March 12, 2013, the non-party company and the non-party company (hereinafter “non-party company”) obtained a medical device manufacturing license from the head of Seoul Regional Food and Drug Administration with respect to the “G”, which is for holding blood from the State. On March 20, 2013, the Defendant company entered into a contract with the non-party company, with respect to the provision of a medical device manufacturing license between the non-party company and the non-party company with respect to “G” (hereinafter “instant consignment manufacturing agreement”). On March 20, 2013, the Defendant company entered into a contract with the non-party company to supply G raw materials for one year after the date of entering

(2) The non-party company concluded a contract for the instant consignment manufacturing contract on January 8, 2014, and issued a written notice of termination to the Defendant company on January 8, 2014, and subsequently sent a content-certified mail stating the intention of rescission of the instant consignment manufacturing contract on March 11, 2014. Accordingly, the Defendant company sent the content-certified mail to the non-party company, on March 25, 2014, stating the intention of rescission of the instant consignment manufacturing contract, and on August 7, 2014, sent the content-certified mail stating the intention of rescission of the instant consignment manufacturing contract to the non-party company.

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