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(영문) 수원지방법원 안산지원 2018.12.06 2018가합8498
대여금
Text

1. The Defendant: (a) against the Plaintiff Company A, KRW 130,247,500; and (b) against the Plaintiff Company B, KRW 100,00,000; and (c) against each of the above amounts.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a company established for the purpose of manufacturing and selling chemical drugs, and Plaintiff B is an internal director of the Plaintiff Company.

The defendant is an individual entrepreneur who engages in wholesale and retail business, etc. with the trade name of "D".

B. Around September 2016, the Plaintiff Company entered into a sales monopoly contract with the Defendant on the following terms: (a) the Defendant’s diversing of the diversing agents produced by the Defendant around November 2, 2016; and (b) around November 2, 2016, the Plaintiff Company entered into the instant contract with the Defendant to sell the diversing agents manufactured by the Defendant to Vietnam (hereinafter “instant contract”).

§ 2. [Selection and Approval of Exclusive Sales Agent]

1.The manufacturer (the Defendant) shall select the selling authority (the Plaintiff Company) as the monopoly selling the contracted products in Vietnam during the contract period in accordance with the terms and conditions specified therein, and the selling authority shall accept such selection.

In addition, the manufacturer may not sell products directly or indirectly to the contract area without the prior consent of the seller during the contract period.

2. The seller shall not engage in competing products or similar products, import, export, sale, distribution, advertisement or other trading with contract products within the contract area.

Article 4 (Price and Payment)

1.The price of the contracted product shall be determined by the price list attached to this Agreement, and that price list shall constitute part of this Agreement, which may be changed through prior notice of the manufacturer thirty (30) days prior to this Agreement.

2. A dealer within 30 days of receipt of an order acceptance letter from a manufacturer shall be the manufacturer as the beneficiary.

[Settlement]

1. The sales authority shall issue a tax invoice from a manufacturer by the end of the month in which the product was received;

2. Making cash settlement in an account designated by the manufacturer within 60 days after issuance of the account statement under the preceding paragraph.

Article 7. [Deposit and Prize]

1. The seller shall be minimum to the manufacturer;

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