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(영문) 서울고등법원(춘천) 2017.06.28 2016나1446
제품인도 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 27, 2014, the Plaintiff entered into a national total sales contract (hereinafter “instant contract”) with the Defendant with the content that the Plaintiff had the authority to sell the instant product as an exclusive store in the entire domestic area (hereinafter “instant product”).

The main contents of the instant contract are as follows.

Article 4 (Terms of Contracts)

1. Upon entering into a sales contract, “B” (which refers to the Plaintiff; hereinafter the same shall apply) is to purchase a total number of 100s of the initial limit.

2. “B” has the effect of a contract, and has all powers as a total board, by paying the contract deposit of KRW 200,000,000 (excluding VAT) to “A” (the defendant; hereinafter the same shall apply) at the same time as the signature and seal of the contract in order to guarantee the observance and fulfillment of the provisions of this contract.

3. “B” should pay to “A” the remainder of KRW 150,000 (VAT separate) in addition to “A” at the time of sale (after the permission for manufacture items).

4. From six months after securing the early limit of water supply, “B” is based on the division of 500 units per annum into four months after securing the early limit of water supply, and if “B” is notified in advance, “B” will actively consider the situation of “B” and adjust the number of months ordered.

Article 5 (Sales Price) In principle, the lowest selling price shall not exceed 8,500,000 won.

Article 6 (Supply and Return of Goods)

3. In principle, “B” shall be subject to a defect inspection at the factory of “A”, but in extenuating circumstances, a defect inspection may be conducted in the presence of “A” and “B” at the place of delivery designated by “B”, and where the defect of the product is recognized, in principle, the exchange shall be conducted immediately.

Article 7 (Responsibility and Obligations and Powers) 1-1. A “A” is responsible for or responsible for “A”, and “B” is sold by acquiring KGMP, manufactured goods, and manufacturing business as of October 2014.

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