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(영문) 서울남부지방법원 2018.09.21 2016가합111387
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that sells telecommunications machines, etc., and the Defendant is a company that sells construction materials wholesale and retail business, and engages in a new recycling energy business. 2) C (C) is a Chinese company that manufactures and sells solar heat rackers.

B. 1) The Plaintiff and the Defendant entered into a contract, etc. with the Defendant: (a) received the Plaintiff through D through D to conduct a new renewable energy business in around 2008; (b) confirmed whether the Plaintiff was an exporter to Korea; and (c) on November 18, 2008, between the Defendant and D, the Plaintiff is in charge of the certification and external affairs of the solar heat cohesionr (short-term cohesionr), the Plaintiff is in charge of the certification and external affairs; (c) the Defendant provides the Defendant with the Defendant’s place of business and the business expenses; and (d) provides D with the business expenses for sales of the business

AB concluded the agreement.

The main contents of the instant agreement are as follows.

Written Agreement

1. The contractual term and the duty of mutual cooperation (1) The plaintiff, the defendant, and D shall maintain mutual cooperative relations for new renewable energy projects for five years from the date of the contract.

(2) The defendant provides the defendant's place of business and business expenses for smooth business, and D provides business expenses for sales of business, and the plaintiff takes charge of the certification of solar energy cohesion and external affairs.

2. The plaintiff, the defendant, and D shall make their best efforts to supply solar heat cohesioners and to certify the Republic of Korea, and shall not provide or arrange to others all the rights of the defendant with respect to the certification.

3. The Defendant’s product certified by the solar heat concentration machine sales business shall not be sold or lent to others without the agreement of the Plaintiff, the Defendant, and the D, and if violated, the offender shall be liable for the amount of damage.

4. The cohesion of the heat source import and certified solar heat shall be a model of the single-sathesion unit, and the defendant shall be solar.

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