(영문) 서울중앙지방법원 2014.12.23 2013가합40402

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(영문) 서울중앙지방법원 2014.12.23 2013가합40402

손해배상 등

Text

1. The Defendant’s KRW 86,400,000 and its annual amount from April 1, 2013 to December 23, 2014, and the following.

Reasons

1. Basic facts

A. The status of the parties is a company with the objective of selling sound and vibration sports equipment and soliciting chain stores. The defendant is a company with the purpose of manufacturing and manufacturing sports equipment, medical appliances, etc. and selling and selling them.

B. 1) The Plaintiff and the Defendant entered into a sales contract with the Defendant to sell 'B brand noise and vibration movement equipment’ manufactured and sold by the Defendant, and received goods from the Defendant. 2) On November 30, 201, the Plaintiff and the Defendant entered into a sales contract with respect to the 'C' products. On February 15, 2012, the Plaintiff and the Defendant newly entered into a sales agreement with the same content as the said sales agreement, and the main content are as follows.

Article 2 (Contract Sector)

1. The tasks of the Defendant and the Plaintiff arising from the present contract of Article C4 (Rights and Obligations) among the Defendant’s products are as follows:

1. The plaintiff shall make every effort to produce maximum results in selling the products specified in Article 2 above among the defendant's products.

2. The Defendant shall grant the Plaintiff preferential rights of sale in the sale of the products specified in Article 2 above.

Article 5 (Delivering)

1. A/S (Provided, That the defendant's role 1) the supply and installation 2) the goods sold are not liable for defects arising from the change of the plaintiff's discretion without the defendant's permission.

2. 1) The Plaintiff’s role 2) The model name delivery price (including value-added tax) C 3,600,000 won under Article 6 (Price) of the Promotion of Education and Promotion of Sales of Products

1. 1) The Plaintiff shall deposit 50% of the total amount of the order price to the Defendant at the time of placing an order for the product, and 50% of the remainder shall be deposited before the delivery of the product. 2. Delivery and Order 1) The Defendant shall install the ordered product at the designated place on the date designated by the Plaintiff.

2 The ownership of the product ordered shall be given to the defendant when the plaintiff paid the price in full.

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