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Reasons
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(영문) 수원지방법원성남지원 2014.10.07 2013가합203662
독점판매권계약 유효 확인 등
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1. The plaintiff's rehabilitation debtor B shall confirm that the rehabilitation claim for the plaintiff's rehabilitation debtor B is KRW 2,358,012,614;

2. The plaintiff.

Reasons

1. Basic facts

A. On July 31, 2008, the Plaintiff entered into a contract under which the right to sell cord blood cells held by B (hereinafter “the stem cells”) from the Co., Ltd. (hereinafter “B”) is granted exclusive sales right (hereinafter “the instant contract”).

The main contents of the instant contract are as follows.

B (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) enter into a contract for the sale of stem cell lines domestically and overseas monopolys as follows:

Article 2 (Subject Matter of Exclusiveity)

1. A grants “B” exclusive right to sell the stem cells of “A” to “B.”

2. “B” shall pay KRW 2,300,000,000 to “A” in return for the exclusive sales right.

3. The method of payment shall be determined separately by mutual agreement.

Article 4 (Matters of Cooperation by “A”)

1. A shall grant “B” the right to overseas marketing and business of products provided to “B”.

2. “A” shall promptly provide information on know-how, technical data, promotion, advertisement, and manufacture as possible when requested by “B” for the exclusive sale.

3. “A” shall make every effort in the standpoint of “B” when it is deemed necessary for the exclusive sale of “B”.

4. “A” shall transfer to “B” the right to the portion of the supply contract between “B” and “B” at the same time as this contract provides.

Article 5 (Matters of Cooperation in “B”)

1. “B” does not commit an act contrary to the interests of “A” with respect to the exclusive sale.

2. “B” shall endeavor to provide necessary data upon request of “A”.

Article 6 (Prohibition of Double Contracts) "A" cannot enter into any contract with a third party including oral contracts in the same or similar form after the date of the contract with respect to the exclusive rights under this Agreement.

Section 7 (Effective Date of this Agreement) This Agreement shall become effective as soon as it is concluded.

The period shall be.

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