(영문) 서울중앙지방법원 2018.06.08 2017가합589615

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(영문) 서울중앙지방법원 2018.06.08 2017가합589615

손해배상(기)

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1. The Defendant shall pay to the Plaintiff KRW 371,017,50 and the interest rate of KRW 15% per annum from October 20, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the manufacture and export-import business of medical appliances, the manufacture and import business of medical appliances, the sale of genetic diagnostic devices and reagents, and the export-import business. The Defendant is a company engaged in the manufacture and retail business of cosmetics, the import and export business of cosmetics, the retail business of medical appliances, and the export

B. On March 22, 2016, the Plaintiff entered into an exclusive sales agreement with the Defendant to exclusively supply B-related product produced by the Defendant (hereinafter “instant product”).

(hereinafter “instant contract”). The main contents of the instant contract are as follows:

- Exclusive Sales Contracts - Purpose of Article I Agreement

1. The defendant and the plaintiff enter into an exclusive sales contract for all the products related to B currently and in the future (the product of this case) and aim at pursuing mutual common interests in accordance with the principle of mutual trust and good faith.

Accordingly, the defendant shall endeavor to ensure the smooth total sales of the plaintiff under this contract, and the plaintiff shall faithfully play the role of the exclusive sales authority for the products.

Article 2 Scope and Price of Total Sales and Products

1. The Defendant permanently grants the Plaintiff the exclusive right to sell the products in Korea through this contract while the Plaintiff is running the Medicar business.

2. The products allowed by the Defendant to be sold to the Plaintiff through this contract are currently and future products of this case. The Defendant recognizes the Plaintiff’s exclusive sales right, and the Defendant does not sell or supply products to any business partner other than the Plaintiff, unless the Plaintiff’s prior written consent is given.

3. The kind and price of the product that the Defendant supplies to the Plaintiff under this contract shall be 4,400 won, B 50ml: 6,600 won, B 150ml: 14,300 won.

The above amount is included in value-added tax, and if the defendant manufactures further B-related products in the future.

유사 판례

-서울중앙지방법원 2018.6.8. 선고 2017가합589615 판결

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-대전지방법원 2018.11.16 2018고합2

-인천지방법원 2018.11.20 2018가합55615

-서울고등법원 2015.04.24 2014나2012087