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(영문) 서울중앙지방법원 2014.01.17 2013가합9036
약정금 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 27,500,000 to the Plaintiff (Counterclaim Defendant) and its related amount from February 19, 2013 to January 17, 2014.

Reasons

(b)Form a special agreement with each other;

Article 2. Additional Terms and Conditions (1) If Party A and B agree that Party A may stably supply high-quality products (less than 5% of the low-quality products), they shall be supplied at least 1,000 per month during the contract period.

(2) When products are supplied by A in a stable manner, Eul shall require a commissioning enterprise to suspend the production of products and require A to produce products.

3. Where a product is distributed at any time of production by A, which does not belong to B, it shall suspend all production, transfer all rights to B, and expropriate them without objection to the claim for damages by B.

(Design Name: All horse riding sports products, such as C and D, provided, however, that a medical device registered product is excluded from a consulted product) Article 3: (1) Eul shall pay royalties to Gap as follows:

* 생산원가가 독점판매계약의 제품 공급계약 금액(370,000원, VAT 포함) 이상일 경우에도 1대당 10,000원을 지급한다.

* A shall pay A the difference of the cost of production of the consigned assembly enterprise (the cost of replacement due to parts, assembly personnel expenses, defective goods, all the amount of replacement due to defective goods, and all the amount of replacement due to production) from the time when the cost of exclusive sales contract is lower than 370,000 won (including VAT).

(2) A shall issue a ice fice Stick to ascertain the manufacturing quantity, and Eul shall attach it to all products.

3. Where Eul fails to pay royalties for more than one month from the date on which the payment of royalties is requested by Gap without any justifiable reason, the contract for exclusive sale and additional special agreement may be terminated.

(The date on which the investment funds invested by Eul to Gap are fully recovered). Article 4: (1) Investment and transfer of business rights; and (2) Investment and Eul shall be made with the investment funds for the manufacture of horse riding devices as follows:

* 갑에게 지급된 3억 3천만 원 중 납품 받지 못한 300대분의 자금 - 110,000,000원 *...

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