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(영문) 인천지방법원 2018.11.20 2018가합55615
기타(금전)
Text

1. The defendant delivered 56,00 luxur products from the plaintiff and simultaneously delivered 840,000 luxur products to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the business of selling and distributing sanitary articles and household goods, and the Defendant is a corporation that runs the business of manufacturing and selling non-smoking tobacco and wholesale and retail business.

B. Around June 2017, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on the part of the Defendant’s non-smoking assistant products (hereinafter “this case’s products”). The contents pertaining to the instant case are as follows.

Article 2. The purpose of the instant sales contract for the purpose of the contract is to establish rights and obligations based on fair and justice and understand the situation of each other and form trust, thereby promoting common interest by maintaining and developing fair trade relations.

Article 3 (1) Details of the goods supplied and sold by the Defendant (1) all of the non-smoking drugs (name of a product: EmbagC) products produced and sold by the Defendant, and other products under an agreement between the Defendant and the Plaintiff, or the exclusive distribution area and distribution method of the Plaintiff of Article 4 (1) shall be the entire territory of the Republic of Korea.

(2) During the contract period, the Defendant shall supply the contract products with the Plaintiff distributed within the area under paragraph (1) only to the Plaintiff.

(3) The defendant may not sell similar products including exclusive products to the plaintiff's exclusive distribution area.

(4) When the Defendant sells the Plaintiff’s products within the region, the Defendant and the Plaintiff shall conclude a separate agreement.

(5) The Defendant must issue a certificate certifying that the Plaintiff is a person with exclusive sales authority in the Republic of Korea.

Article 7 (1) The plaintiff shall confirm whether the product was defective (quality, quantity, loss, damage, etc.) after taking over the product, and shall give written notice thereof to the defendant within seven business days if the cause attributable to the defendant occurs.

(2) Upon written notice to the Defendant, the reason, content, and evidence must be attached.

(3) Damage, etc. to the distribution process of the products acquired by the Plaintiff.

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