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(영문) 서울중앙지방법원 2018.05.04 2016가합580765
계약해지 등
Text

1. Defendant B Co., Ltd.: 300,000,000 won and 6% per annum from February 11, 2017 to May 4, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On May 30, 2015, the Plaintiff and Defendant B Co., Ltd. (trade name before the alteration: G; hereinafter “Defendant Company”) concluded a contract on the total sales (on May 30, 2015, with respect to domestic sales of products, such as supplementary feed produced by the Plaintiff, with a contract term of ten years for domestic sales (exclusive supply).

B. On November 23, 2015, the Plaintiff and the Defendant Company concluded a domestic sales contract (exclusive supply) with the content that the contract period shall be ten (10) years, and that the contract period shall be automatically extended every ten (10) years, and that the Defendant shall pay KRW 500,000 per month from February 25, 2016 at research funds of KRW 1 billion and KRW 500,000 per month.

(F) In the contract of May 30, 2015, there was no provision on down payment and research expenses. (C)

On April 7, 2016, the Plaintiff and Defendant Company entered into a business exclusive supply contract (hereinafter “instant sales contract”) with respect to all matters pertaining to the domestic and overseas sales and production of auxiliary feed, fertilizer, health functional food, seizure agents and other products produced by the Plaintiff, and the main contents are as follows:

Article 4(Duties of Plaintiffs) - Manufacturing and supply of high quality products - Observance of the supply price of products (decision of consultation at the time of increase of raw materials) - respect and protection of business exclusive rights of Defendant Company - mutual consultation about disclosure of product information market information - Article 5(Duties and Obligations of Defendant Company) of the provision of sampling for various test results - Consumer Price - Costs arising from (patent, test certification, registration of shopping mall in the Public Procurement Service, certification of outstanding products) registration for performance testing of products - All other costs of products that the Plaintiff and the Defendant Company planned to jointly develop - provision of all kinds of information and market information and market information operations for the demand period - All the rights of the Defendant Company shall be automatically extinguished at the time of alteration.

Article 7 (Term of Contract) The term of contract of the Plaintiff and the Defendant Company shall be 15 years in principle, and it shall be automatically extended every 15 years, except in extenuating circumstances.

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