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(영문) 서울중앙지방법원 2016.12.21 2016가단5022861
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The relevant Plaintiff is a company that manufactures and distributes dental appliances and dental materials.

On July 11, 1994, the defendant joined the plaintiff and was responsible for the vice-director on November 1, 201, and retired on October 31, 2015.

The defendant as the vice head in charge of franchising, was in charge of the purchase of franchising materials, dental materials for franchising procedures, flachising shields, etc., and ordering.

On June 9, 2011, the Plaintiff entered into a purchase contract with C (hereinafter “C”) and D, a dental material for cream treatment, prior to the Defendant’s receipt of the vice head in charge of franchising, on June 9, 2011.

According to this, the Plaintiff shall place an order to C at least KRW 100 million per month, and the term of the contract shall be from June 1, 201 to May 31, 2012, and the term of the contract shall be extended automatically by one year unless there is a legitimate request for cancellation by either of the parties’ written documents.

The Plaintiff entered into a contract with C on June 1, 2012, which was after the Defendant was in charge of the Vice Minister for Food and Drug Distribution. The contract period was the same as that of the previous one, and the amount of compulsory orders was at least KRW 100 million per month.

The Plaintiff entered into a contract with C on June 1, 2013, but the contract period was the same as the previous one, but the contract amount was reduced to at least KRW 90 million per month.

On June 1, 2014, the Plaintiff entered into a contract with C for the purchase of aggregates.

As a result, purchases were included in the group of colgen products (D colgen) other than the previous balone of dub products (D and E), the contract period was one year as of June 1, 2013, and the amount of compulsory orders was at least KRW 90 million per month, and the unit price was increased by 15% for each capacity.

On June 1, 2015, the Plaintiff entered into a contract with C to purchase aggregate, but the term of the contract was one year as before, but the amount of compulsory orders was reduced to at least KRW 80 million per month, and at least KRW 30 million of the balone balone of the balone genom.

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