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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff Company and the Defendant Company entered into an exclusive sales contract with the Pacific Drugs Co., Ltd. (hereinafter “Pacific Drugs”), under which the Plaintiff Company and the Defendant Company entered into a sales agency agreement with the Plaintiff Company, the sales agency agreement, and agreed on November 30, 2010 to extend the term of the contract by setting the term of the contract from November 30, 201 to November 29, 2012, for the purpose of supplementing the poor sales volume, the Plaintiff Company and the sales agency agreement to automatically extend the term of the contract if the Plaintiff Company did not notify the other party of the termination of the contract one month prior to the expiration of the contract.
(2) On November 21, 201, the Plaintiff Company entered into a new agreement with the Defendant Company to be supplied with Medixo and sell them during the period of the contract (hereinafter “instant agreement”) under the said sales agency agreement, and the term of the contract was from November 21, 201 to November 20, 2012; however, if there is no written notice of cancellation at least one month prior to the expiration of the contract period, the Plaintiff Company agreed to extend the contract by one year.
On the other hand, the original defendant company prepared a separate unit price contract and decided the unit price of the product.
(3) In accordance with the instant agreement, the Plaintiff Company supplied Mexs and sold them during the market, but did not prepare a unit price contract form separately with the Defendant Company. From November 21, 201 to January 201, the supply price of Mexs 100 units was KRW 90,002, and the supply price of Mexs 50 units was KRW 60,006.
(4) On the other hand, the Plaintiff Company requested the Defendant Company to guarantee the rate of Magjin around February 2012, and the Defendant Company B supplied “the Plaintiff Company and the Defendant Company” at the bottom of the instant agreement, on a quarterly or semi-annual basis.