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(영문) 서울중앙지방법원 2013.10.31 2013가합1490
손해배상 등
Text

1. As to the Plaintiff’s KRW 2,750,00,000 and KRW 2,000,000 among them, the Defendant shall start January 16, 2013 and end up to 750.

Reasons

1. Basic factual basis within the scope necessary to determine the cause of the claim;

A. The conclusion of the instant exclusive sales contract (hereinafter “instant exclusive sales contract”) entered into the instant exclusive sales contract with the ASEAN (hereinafter “C”) on July 12, 201, with the content that the instant exclusive sales contract was concluded with the content that the instant exclusive sales contract shall be granted for 20 years from the date when the instant exclusive sales contract takes effect (the time when the exclusive sales right was paid) the domestic and foreign exclusive sales right of the diagnosis and inspection automation equipment developed and possessed by ASEAN (hereinafter “C”) and shall be paid KRW 2 billion in return.

The defendant signed and sealed the above contract as a joint guarantor.

Accordingly, the East Asia paid 2 billion won to C, and has been supplied with diagnosis, inspection and automation equipment, etc. from around August 201 to the transaction hospital, etc.

The provisions pertaining to the exclusive sales contract of this case are as follows.

Article 7(1)(C)(hereinafter the same shall apply) where Party A (hereinafter referred to as “C”) fails to smoothly supply products of normal quality to Party B (hereinafter the same shall apply) for at least three months due to the following reasons, the exclusive sales contract may be terminated, and where the contract is terminated, Party B shall jointly and severally pay the agreed amount of compensation within one month from the date of occurrence to Party B.

Provided, That the amount of compensation shall not be requested in duplicate.

(A) In a case where the supply of a product is interrupted due to the bankruptcy, rehabilitation, insolvency or suspension of payment, corporate structural improvement agreement, workout program, corporate restructuring or any other similar procedure of Gap's consigned-production enterprise (B) in the event that the supply of the product is interrupted due to the legal dispute between Gap and the consigned-production enterprise (C) or any other cause attributable to Gap's management, (d) in the event of a violation of Articles 4, 5-1, 5-2, and (3), 6, 7, 8, and 10 of the share purchase and sale agreement and the agreement between Gap and Eul, the representative director of Eul, shall compensate for the damages to Eul pursuant to paragraph (1) of the said Article.

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