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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 29, 2014, the Defendant entered into a F Purchase and Supply Agreement with E Co., Ltd. (hereinafter “Manufacture”), and entered into a contract with G Co., Ltd. (hereinafter “G”) on November 3, 2014 with the Defendant on the supply of F and H products to G for one year from the date of commencement of sale, and around that time, sold F (hereinafter “former F”) 600 KRW 1782 million to G (including value-added tax).
B. On May 19, 2015, the Plaintiff and the Defendant concluded the instant supply contract (hereinafter “instant supply contract”).
The main contents of the instant supply contract are as follows.
Article 2 (Definitions of Terms)
1. Solar Goods (hereinafter referred to as “this good or “goods”): ICC Electronic Products that are circulated in the market with B’s brand (including, if any, any content accompanied by the use of the good).
the product corresponding to this, a separate prize
1. The Schedule of Goods to be Supplied shall apply, which may be modified under mutual agreement.
[Obligation] Article 3 [Obligation] The contractual obligations assumed by the Plaintiff and the Defendant in connection with the performance of this Agreement are as follows:
1. The Defendant’s duty 1) The Defendant’s total development cost of the goods is settled on its own. 2) The Defendant does not supply “goods” to other circulation networks than the Plaintiff, except where “goods” are sold in itself.
However, if the plaintiff violates the obligation under the latter part of paragraph (2) 1 of this Article (the obligation to purchase a certain quantity within six months), the defendant's exclusive supply obligation under the main sentence may not be fulfilled, and the plaintiff may not raise any objection.
3) The Defendant shall first consult with the Plaintiff on the contents of supply in the event that the subsequent products of the No. 1. A. 1. The Plaintiff’s duty 1.) guarantees that the Plaintiff purchases a total of 3,700 of the “goods” during the contract period (12 months) under Article 10 of this Agreement, and that the Plaintiff purchases a total of 3,700 goods.