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(영문) 수원지방법원 2014.12.18 2013가합24545
제조ㆍ판매 등 금지 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who manufactures and sells electronic parts under the trade name of “C,” and the Defendant is a corporation that engages in gold-type design and manufacturing business related to electronic parts.

(E) The Defendant was established on August 11, 2010, and the Defendant’s representative director D, from September 2007 to September 2007, operated the same business as the Defendant’s in the name of “E,” and the contract, etc. entered into by D as an individual entrepreneur after the establishment of the Defendant was succeeded by the Defendant.

On December 1, 2008, the Plaintiff entered into a development contract with the Defendant for 112PLUG (A-ZF, hereinafter “A-ZIF”), as follows.

Section 1 (Purpose of this Agreement): The purpose of this Agreement is to form and maintain a fair trade relationship between the Plaintiff and the Defendant by performing their respective duties in good faith when the Defendant produces and supplies the penalty ordered by the Plaintiff in order to produce the products that the Plaintiff needs.

Article 3 (Procedures for Payment and Approval) (1) The defendant produces sampling completed the first review by December 23, 2008 and supplies the plaintiff, and the samples supplied to the plaintiff must obtain final approval through the plaintiff's evaluation.

(2) Where approval is not obtained in the primary evaluation, the defendant shall supply secondary sampling within seven days from the date of notification of the plaintiff's evaluation and conduct the same process of approval as the primary evaluation and obtain final approval.

(Provided, That the final sampling shall be submitted up to December 30, 2008). Article 5 (Fixture Ownership and Keeping) ① Ownership of a gold paper shall be transferred from the defendant to the plaintiff upon completion of the plaintiff’s approval and payment of the price.

(2) Upon request of the plaintiff, the defendant shall transfer the punishment at the defendant's expense to the place designated by the plaintiff, and shall not sell or transfer the product to a third party without the plaintiff's approval.

Article 8 (Production Price) The gold price produced by the Defendant shall be KRW 42 million, and the surtax shall be imposed.

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