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(영문) 서울중앙지방법원 2014.11.06 2014가합505128
계약금반환 등
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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

Under the trade name of “C,” the Plaintiff is a business entity engaging in medical appliances and tools and machinery distribution, and the Defendant is a business entity engaged in manufacturing and wholesale and retailing medical appliances, tools and machinery, and trade business as its main business.

On April 10, 2013, the Plaintiff entered into a contract with the Defendant under which the Defendant is supplied with the “NI-TIG6 Ftile, X Ftile, Endroax” (hereinafter “instant product”) and distributed it in the Republic of Korea (hereinafter “the instant total sales contract”), and the main contents thereof are as follows.

Article 3 (Area of Sales and Minimum Number of Orders)

1. Domestic sales area shall be Korean;

2. The minimum monthly order volume: A.m. on March 1, 2000 Won (20,000,000). The monthly order volume shall be agreed upon by the Defendant, depending on the market situation.

Article 4 (Term of Contract)

1. This Agreement shall be from April 17, 2013 to April 16, 2014.

V.(Terms and Conditions of Purchase and Delivery)

3. In principle, the settlement of the price shall be made in cash prior to delivery, but a separate settlement method (such as bills, current check, etc.) is effective only with the consent of the defendant, and the defendant may refuse to deliver the goods before the settlement is made, and the plaintiff shall not raise any objection thereto.

Article 6 (Contract Premium) The Plaintiff shall pay KRW 200 million to the Defendant as contract premium, and the KRW 100 million out of the above KRW 200 million shall be paid up to April 10, 2013, and KRW 50 million up to October 30, 2013, and the remainder KRW 50 million up to March 31, 2014.

The above premium belongs to the defendant immediately after payment, and the plaintiff cannot make a claim for refund.

Article 7 (Payment of Price) In principle, the Plaintiff shall transfer the payment for the supply of the product to the Defendant’s account.

Section 8 (Effective Date of this Agreement) This Agreement shall enter into force immediately after the plaintiff pays KRW 100 million for the primary premium in Article 6.

Article X. Sales.

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