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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
가. 피고 주식회사 한러무역서비스는 러시아에 있는 ‘꼼뺘냐진연’(이하 ‘이 사건 러시아 공장’이라고 한다)이란 업체에서 생산한 참숯 등을 피고 주식회사 월드트래드앤투어를 통해 국내에 수입하여 판매하는 회사이다.
B. On December 29, 2009, between the Plaintiff and the Plaintiff, the Defendants concluded a sales agency contract (hereinafter “instant agency contract”) with the following purport that the Plaintiff would supply shots imported by the Defendants to the Plaintiff and sell shots as a sales agency.
① The Defendants shall supply and sell the following products to the Plaintiff:
(2) The Defendants shall protect the Plaintiff’s general sales agency business, and the Plaintiff’s sales area shall be limited to sports division and Chungcheong roads.
③ The Plaintiff paid 20,000 US dollars to the Defendants, and has the exclusive right to sell the said region.
④ The kinds, prices, quantities, etc. of products supplied by the Defendants to the Plaintiff are as follows.
1) Termination of the product: The price of Bath (Batan) and other similar products 2: 17,00 won for Russhot (Batan) and 18,500 won for China and 18,500 won for China: in principle, the quantity agreed upon by both parties during the contract period shall be determined as one container, and the monthly minimum sales amount shall be determined as one container, and the contract entry into force date shall be determined three months after the date of entry into force of the Plaintiff’s business, except that the amount falls short of the monthly sales amount due to the difference in supply by the company or the Defendants.
The shipment of products shall complete the shipment and arrival within 45 days from the date of the order, and the late payment penalty shall be calculated on a daily basis of 0.3% of the late payment penalty.
(6) Both parties to a contract may change important matters, such as a trade name or representative, known to them at the time of conclusion of the contract, or merge, transfer of business, dishonor.