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(영문) 서울중앙지방법원 2019.06.20 2016가합540798
판매금지 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant C Co., Ltd. (hereinafter “Defendant C”) enter into a sales contract 1) and the Defendant C, around December 10, 2014, containing the following terms (hereinafter “instant sales contract”).

AB concluded the agreement.

The purpose of this Agreement is to promote mutual benefits based on mutual aid in order to ensure the stable expansion of market infrastructure and to promote joint prosperity by allowing the Plaintiff to sell goods prescribed in Article 3 to Defendant C.

Article 3 Supply Products means Products jointly developed by both the plaintiff and the defendant C.

In addition, with respect to similar products developed by the plaintiff in the future, the plaintiff grants the right of priority negotiation to the defendant C to promote mutual benefits of both companies.

Article 5(3) The mandatory sales volume between the first two years of contract shall be determined by the unit of 20,000 per year, and if the annual sales volume for the third year of contract is less than 20% compared to the average sales volume for the first two years, the domestic and overseas exclusive sales authority provided by the plaintiff to the defendant C may be recovered.

Article 8 Development of Products (1) In principle, the Plaintiff shall jointly develop a product under an agreement with Defendant C.

② The Plaintiff is responsible for and responsible for the development and production of a new product.

The data necessary for domestic and overseas certification and sales of new products shall be provided to Defendant C at the Plaintiff’s expense.

3. Defendant C shall bear the full costs of timbering, golding, and design entering the development of new products, and the intellectual property rights to the outcomes thereof shall be owned by Defendant C.

Detailed expenses and methods of entering a new product shall be kept under a separate annexed agreement with the plaintiff and the defendant C.

Article 9 Product Price and 1. Supply Price: Shall co-own the product cost in the form of ex-factory for the products developed and produced by the plaintiff to the defendant C, and an amount of 35% compared to the product cost.

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