(영문) 서울중앙지방법원 2017.03.16 2016가합534885

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(영문) 서울중앙지방법원 2017.03.16 2016가합534885

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that runs miscellaneous wholesale business in the United States, and the Defendant is a company that manufactures and sells machinery.

B. On December 12, 2015, the Plaintiff entered into a total sales contract with the Defendant to be supplied with the four-day printing machine B, which is a four-day printing machine produced and sold by the Defendant, and to be sold in the United States (hereinafter “instant total sales contract”), and the main contents of the said total sales contract are as follows.

Section 2 (Entrustment of Rights and Conditions) This Agreement shall be entrusted to Section B (Plaintiff) on condition that the rights of sale, distribution and marketing in the United States of America of B apparatus and related products developed by Section A (Defendant) fulfill:

1.B at the time of this contract, purchase B 100s prior to each other and deposit 30% of the purchase price into A’s passbook within 10 days, and thereafter A shall thereafter grant B the total sales right in the United States.

2. Eul shall purchase more than B 100 vehicles within three months after Gap loaded more than B 100 vehicles.

Article 4 [Price]

1.The prices of products sold to customers in the United States shall be determined by B in consideration of the prices supplied by B and market conditions.

Section 6. [Refluence and Responsibility] In order to activate the projects under this contract, A and B shall fulfill their roles and responsibilities as follows:

The roles and responsibilities of A.

1. In principle, A shall take exclusive charge of the development and manufacture of B products, and shall endeavor to improve the performance of continuous products.

2. Eul shall ensure safety-related certification, etc. with respect to the four-day accelerators, which are products developed by Gap, to ensure that there is no problem in securing legal procedures necessary for sale B in the United States.

3. A shall deliver the product he/she has ordered to be supplied to him/her within the accurate payment period, and shall make every effort to control the quality of the product in a manner that does not compromise the quality of the product;

4. A shall take into account the rapid expansion of the project.

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