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(영문) 창원지방법원 2015.01.13 2014나3935
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the retail business of synthetic resin and filling machines, and the Defendant is a company that runs the sales business of resin and plastic sales business.

B. On June 30, 2010, the Plaintiff entered into an agreement with the Defendant on the exclusive supply of mobile phone parts among LG electronic products (hereinafter “instant agreement”), and the Defendant supplied the products only through the Plaintiff for two years from June 30, 2010 to June 30, 2012, and paid a fee of USD 0.2 per kg. for the volume of the products supplied to the Plaintiff.

C. Pursuant to the instant agreement, the Defendant supplied the Plaintiff, through the Plaintiff, with polysium (hereinafter “PC”) for raw materials charged at 7,000 kilograms totaling September 5, 201 and September 30, 201, on September 30, 201, and paid KRW 1.4 million to the Plaintiff on November 2, 201. On October 25, 201, the Defendant paid KRW 1.4 million to the Plaintiff, and paid KRW 2,000 kilograms on November 10, 201, and KRW 1,00 kilograms for fees to the Plaintiff.

Meanwhile, the Defendant, without going through the Plaintiff, supplied the PC of 225,000 g each time over 15 times from June 14, 2011 to January 17, 2012 to 15, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, and 7 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 of the parties’ assertion is an exclusive supply agreement, instead of allowing the Defendant, the representative director of the Plaintiff, to obtain the approval of the Defendant as a fixed-type registration company of LG electronics, to grant the Plaintiff the exclusive right to sell the Defendant’s product.

B around March 2011, around 2011, the Defendant had been able to obtain the approval as a fixed-type registration company of LG electronic.

However, in violation of the instant agreement, the Defendant excluded the Plaintiff, who is an exclusive seller, from June 14, 201 to January 17, 2012, in violation of the instant agreement.

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