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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The primary Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a company that engages in wholesale and retail business of pharmaceutical drugs for export and import, main organizations, and construction materials manufacturing business. The primary Plaintiff B (hereinafter “Plaintiff B”) was the representative director of Plaintiff D, a corporation that engages in main organizations manufacturing business until July 10, 2013. The primary Plaintiff Co., Ltd. was the representative director of Plaintiff Co., Ltd. from the time of its incorporation.
피고 주식회사 C(이하 ‘피고 회사’라 한다)은 조명관련 제조판매사업, 기타도매 무역업 등을 영위하는 회사로서 일본에서 가리비조개의 껍데기를 사용하여 분말타입의 천연항균제로 제조된 일명 ‘시그마파워[∑-POWER, 원 제품명 : 스칼로우(Scallow)]’(이하 ‘시그마파워’라 한다)를 수입하여 판매하고 있다.
Article 3 (Contents of Products)-(A) for securing the exclusive right of access to the market: E shall exclusively sell the products imported, produced, and supplied by the Defendant Company under this Agreement, the products shall be sold on the exclusive basis of bank supplies; the products of household goods and other applied products shall be sold on the exclusive basis of the developed market; and the supply of applied products developed and manufactured by E shall be directly performed by E; (b) at the same time as the contract is entered into by the Defendant Company, E shall purchase five tons of the Simmpha (the order for five tons shall be submitted on the date of the contract; no mandatory quantity shall be available within one year after the contract; (d) the supply price shall be 85,00 won/km; (e) the product of the Simpha wave supplied by the Defendant Company shall be the average input level 1.5 cubic meters in size.
In principle, when the sale of E was made in the form of a master pattern, the defendant company shall also supply the master pattern in consultation.
Article 5 (Business Right) 1) E has the exclusive right to develop and sell kitchen supplies. (b) The Defendant Company shall enter into a supply contract with E on July 24, 2012 (hereinafter “instant supply contract”).