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(영문) 광주지방법원 2017.03.22 2016나4095
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The defendant is a company that sells unmanned helicopters for agriculture while running the business related to unmanned aircraft for agriculture, and the plaintiff is a person who operates the business of selling the defendant's products in the operation of Eul branch office in the Jeonnam-gun C.

The definitions of Article 1.1. The term " shall not exceed", unless there is a particular note, have the meaning defined in this Article.

(g) The term "business area" means the geographical boundary in the south.

Article 2.2.1. During the term of this Agreement, the defendant shall designate the branch office (the plaintiff) as a branch office in the business area and grant less business rights, subject to the terms and conditions established in this Agreement.

(a) for the sale of products in B, business activities are conducted within the “business area”; in principle, the branch office may not have any act of selling products or parts of the head office (Defendant) or any act of obtaining contracts or orders for the sale thereof.

The branch office shall not be granted the right to enter into a contract with a customer under the name of B or branch for the sale of products: Provided, That the head office shall pay a certain fee to the branch only if the sales contract is concluded at the time when the subsidy, etc. applied by the public office or other institution is determined for the purpose of gaseous purchase by the customer and the sales contract is concluded.

2.4.B has the right, directly or indirectly, to sell “products” or “parts” within “business territory”, including other branches or wholesalers, and does not assume any obligation to the branch in respect of these transactions.

Article 12 12.1. The head office shall pay a certain amount of fees separately determined where the branch office has conducted its leading business activities until the delivery of the customer by discovering and providing the customer.

12.2.only for customers;

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