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(영문) 서울고등법원 2015.02.05 2013나2006955
채무부존재확인
Text

1. According to the amendment of the purport of the original claim in the trial, the judgment of the first instance is modified as follows.

Reasons

Basic Facts

The defendant of the transaction between the defendant and the ILOG S.A. is a French State, and its registration office is located in 9ru v. Untiltile unit, 94250, Gtilly, and France, as a French State, around 199, the defendant of the transaction between the defendant and the ILOG S.A..

The contract entered into in 1999 only states that the subject of the contract is "ILG".

(A) On January 1, 199, the term “A” entered into a contract with the Defendant on the supply of software, etc. (hereinafter “instant product”) developed by Aroasia for a period of three years from January 1, 199 and the resale in the Republic of Korea (ILOG Bus business, No. 5-1).

After the expiration of the contract term, the contract was automatically renewed every year in accordance with Article 14 of the General Regulations.

Around January 1, 2003, the term of the contract was three years from January 1, 2003; however, the contract was concluded between the Defendant and A, and the Defendant, which grants the exclusive sales right in Korea (hereinafter “the instant contract”).

The above contract was automatically renewed every year after the expiration of the contract term in accordance with Article 14 of the General Provisions, as in the previous contract.

The main contents of the instant contract are as follows.

General Duties of both parties in general relation with Article 3 of the General Provisions (Our General Rostership)

2. No party to a contract shall transfer or transfer the contract without the prior written consent of the other party;

(Partial omitted) For the purpose of the validity of any amendment to the contract of this case under Article 10, the Parties shall agree in writing that the amendment shall be made.

Any change shall not be retrospectively effective unless written consent is given.

Article 15 (Applicable Law) The contract of this case shall be applied and interpreted in accordance with California law.

(hereinafter referred to as "resatise").

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