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(영문) 서울중앙지방법원 2015.08.13 2015가합526221
채무부존재확인
Text

1. The duty to supply goods under the agency contract concluded between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) on June 22, 2012.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company that engages in the business of purchasing, selling, and trading medical-related products. 2) The Defendant is a person who runs a wholesale and retail business of medical expendable products in the name of “B”.

B. 1) The Plaintiff and the Defendant conclude an agency contract on June 22, 2012 refers to a disposable surgery used by the Plaintiff for covering the patient’s body at the time of surpe and surgery.

hereinafter referred to as “instant goods”

(2) The agency contract under which the Defendant sells medical expendable goods, etc. (hereinafter “instant agency contract”).

2) The main contents of the instant agency contract are as follows.

① The Plaintiff shall stably supply goods without defects to the Defendant by the designated date, and the Defendant shall be liable to pay the price and to achieve the sales goals agreed upon between both parties.

good without defects means a good that has no significant defects in its original function;

(2) Article 2 (1) 1. (2) The Plaintiff shall not transfer the right to the sales area and place agreed with the Defendant to a third party other than the Defendant without the Defendant’s prior consent (main sentence of Article 2 (3)). (3) The Defendant shall not handle all the goods supplied by the Plaintiff or the goods of the same kind other than those recognized by the Plaintiff within the period of the instant agency contract, and if so, the Plaintiff may terminate the instant agency contract at will and at the same time claim damages against the Defendant.

However, only the supply of the same kind of product that is not business activities should be done separately.

The scope of claims for damages includes not only the current losses caused by breach of contract but all the comprehensive losses expected in the future.

(4) The scope of the defendant's business area is the whole part of the ordinary South and North Korea, including Busan and Daegu.

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