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(영문) 서울서부지방법원 2016.03.23 2013가합12587
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendant Shin Young-Electronic Co., Ltd. is dismissed.

2. The plaintiff's defendant corporation.

Reasons

1. Basic facts

A. On October 23, 1984, the Plaintiff entered into an agency contract under which the Plaintiff sells the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of the products of

B. Around June 2013, Defendant Cuba Co., Ltd (hereinafter “Defendant Cuba”) notified the Plaintiff that it would terminate the instant agency contract and conclude a new agency contract with Defendant Cuba Co., Ltd. (hereinafter “Defendant Cuba”).

C. After that, there was a discussion between the Plaintiff and Defendant Mediana on the transfer or acquisition of a business under the instant agency contract, but eventually, it has been concluded. Since 2014, the Defendant Macda Electronic supplied a medical device product to Korea via Defendant Medina. Accordingly, the Plaintiff was unable to sell the medical device product of Defendant Macda Electronic in Korea.

[Ground of recognition] Facts without dispute, Gap's 3, 5 evidence, Eul's 1 and 2 (including additional numbers), the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that the contract relationship was terminated unilaterally by unilaterally terminating the obligation to maintain the instant agency contract with the Plaintiff in violation of the duty to continuously maintain the contract, and Defendant Mediana took part in the destruction in collusion with the Defendant Medi-Electronic with the knowledge that the contract relationship between the Plaintiff and the Defendant Medi-Electronic will continue, which constitutes a tort against the third party’s claim infringement.

Therefore, the Defendants jointly and severally liable to the Plaintiff for damages incurred due to the suspension of transaction with the existing business partners supplied by the Plaintiff, namely, KRW 630,830,530, and KRW 900,000,000, which deducts all expenses from the estimated sales for the next five years, and KRW 1,630,830,530,000, which are the sum of KRW 1,630,830,530, which were incurred by the Plaintiff to maintain the instant agency contract.

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