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(영문) 부산지방법원 2019.04.23 2018가단22523
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The party’s relationship (i) The Plaintiff is a corporation established for the purpose of importing and selling livestock products, and Defendant B (hereinafter “Defendant”) is a person who was working for the Plaintiff and concluded an agency contract with the Plaintiff as follows, and was an agent in Busan area.

The Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a company established on September 6, 2017 by Nonparty D for the purpose of domestic livestock products distribution business.

The defendant has been working for the defendant company after transferring the status of the agency contract concluded with the plaintiff to the non-party E, and is currently registered as the inside director of the defendant company.

B. On November 22, 2014, the Plaintiff entered into an agency contract (hereinafter “agency contract”) with the Defendant and entered into an agency contract with the following terms and conditions.

Article 1 (Designation of Agency): The defendant shall sell all the plaintiff's products.

The kind, item, quantity, and price of the goods that the plaintiff provides to the defendant shall be determined by the plaintiff.

Article 3 (Maintenance of Confidentiality): The defendant shall not engage in any conduct detrimental to the rights or interests of the plaintiff, such as divulging the terms of the contract incidental to this contract and all matters belonging to the plaintiff's business and the product secrets to others or all business entities in competitive relations with the plaintiff.

Article 5 (Prohibition of Sale of Other Goods): The defendant shall not sell any goods other than those supplied by the plaintiff.

Provided, That the Plaintiff shall immediately suspend the payment of the former product when the product without the Plaintiff’s approval is mixed.

In addition, agency rights are also deprived.

Article 6 (Return of Agency): The defendant shall return to the plaintiff all business partners excluding vehicles and the entire amount receivable, upon the termination of the contract with the plaintiff.

Article 7 (Obligation of Defendant to Transfer to Third Party): At the time of termination of the business and agency under agreement between the Plaintiff and the Defendant for the continuous existence of the company.

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