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(영문) 서울중앙지방법원 2014.08.28 2012가합542741
채무부존재확인
Text

1. The Defendant’s KRW 100,521,213 as well as the Plaintiff’s KRW 6% per annum from March 7, 2013 to August 28, 2014.

Reasons

1. Determination on a claim for restitution of unjust enrichment or a claim for damages

A. 1) On November 30, 2010, the Plaintiff and the Defendant, and the Defendant, as the subject of medical care benefits under the National Health Insurance Act (hereinafter “instant product”).

(1) The Plaintiff produces and supplies the instant product only to the Plaintiff, and the Plaintiff purchases the instant product more than a certain quantity from the Defendant during the contract period and has the exclusive sales right in Korea (hereinafter “instant exclusive sales contract”).

The contract is concluded, and its key contents are as follows. The exclusive right to sell the products of Article 3 (Period of Contract) contract shall be five years from the date of conclusion of the contract, and this contract shall be automatically extended unless the plaintiff and the defendant do not express their intent to terminate the contract in writing not later than six months prior to the expiration of the contract, provided that the termination of the contract requires reasons equivalent to the termination of the contract. Article 4 (Supply and Price of the Products of Contract)

1. The supply price of goods under a contract for the determination of the supply price (the same as a specification of transactions and the issuance price of tax invoices) shall be determined by a separate “unit price contract” which is calculated on the basis of an insurance maximum price, and shall be determined through mutual consultation on the basis of the defendant’s manufacturing cost and the annual

3. The Plaintiff shall submit a purchase plan to the Defendant for five years at the time of entering into a contract, and submit a separate monthly purchase plan for the next year by the end of November each year, and the annual minimum order quantity shall exceed 80% of the sales plan submitted by the Plaintiff to the Defendant.

Article 6 (Timing and Method of Price Settlement)

1. The Plaintiff shall pay 50% of the total amount of the delivery amount in cash or in promissory notes with a three-month period for the supply price of the product, and the remaining 50% shall be paid to the Defendant in cash or with promissory notes with a three-month period after the completion of the delivery.

VIII.(Termination and Revision of Contracts)

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