(영문) 서울중앙지방법원 2018.01.24 2017나24242

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(영문) 서울중앙지방법원 2018.01.24 2017나24242

손해배상(기)

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff, under the trade name of “B,” sells medicines, medical appliances, etc., and the Defendant, from “Sylphar NV,” a company located in the Belgium State, is a company that imports and sells products of this case (hereinafter “the instant product”) to the Republic of Korea, which is a medicine for improvement of sylphar and pressinging.

Article 2 of the Commodity Supply Contract (Duties and Duties)

1. The duties and duties of “A” (referring to the defendant; hereinafter the same shall apply);

(a) Providing information on the change of the quality, supply price, inventory, etc. of supplied products;

(b) Support to academic societies and provision of slabs on a national scale with respect to publicity of products;

(c) “A” shall grant to “B” (referring to the Plaintiff; hereinafter the same shall apply) the right to sell the product of this case to the local monopoly.

2. The business and duties of “B” (including agencies or customers supplied by “B”)

(a) Development of trade lines, advertisement, and public relations for products supplied;

(b) comply with business policies, such as the notification of “A”;

(c) for “A”’s supplied products, “B” shall not be sold except for sick clinics, pharmacies, and oriental medical clinics in the area in question;

3. Sales area and customers;

(a)The sales area and the customer are engaged in business activities only in the area or the customer that has been agreed upon by both parties;

(b)the indications of areas and customers agreed upon by “A” and “B” shall be set out in a separate contract;

Article 6 "Loss of Exclusive Right" means the loss of exclusive right if the average monthly order amount of KRW 10,00,000 (excluding value-added tax) at the end of one year from the date of conclusion of the contract, and the local and customers may be adjusted through bilateral consultation.

In addition, where "B" inflicts a serious loss on "A" in violation of the business policies of "A", the exclusive right shall be lost.

Article 7 (Adjustment of Supply Price)

1. When it is necessary to adjust supply prices, "A" and "B" may be adjusted through mutual consultation;

2. “A” shall mean:

유사 판례

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-대구지방법원 2016.09.21 2014가단126909

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-서울중앙지방법원 2018.06.01 2017가합547895