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1. On the legal administrator B of the rehabilitation debtor A, who is the plaintiff's taking over the lawsuit against the defendant A.
Reasons
1. Basic facts
A. On February 10, 2009, the Plaintiff entered into a sales agency contract with A to be supplied with safe-use products from A and sell them to hospitals, council members, wholesalers, etc. (hereinafter “instant contract”).
The main contents of the instant contract are as follows.
A (hereinafter referred to as "A") and the KAP Co., Ltd. (hereinafter referred to as "B") shall enter into an agency contract for the sale of products (hereinafter referred to as "contract") as follows:
Article 1(Purpose of this Agreement) The purpose of this Agreement is to provide for all matters relating to “A” in supplying “B” with “B” and selling “B” products,” and to promote mutual interests by clarifying the responsibilities and obligations mutually complementaryly.
Article 2 (Definition of Terms) The term "contractual Products" means Products A (Definition of Terms) supplied by "A" to "B".
Article 3(A) and (A) “A” provide this contract product to “B” as a monopoly during the contract period (Provided, That the exclusive sales right of “B” is limited to Korea.
2) Article 5(2) of the Act provides that “A” shall pay KRW 500 million to “A” as business guarantee money.
3) “A” shall return business bonds and prepaid bills to “B” upon termination of the contract. The term of the contract under Article 9 (Contract Term) 1 is one year from the date of conclusion of the contract.
2) “A” or “B” are automatically extended on an annual basis unless the other party gives written notice of his intention of termination at the expiration of the contract term set forth in paragraph (1) above.
Where there is no intention to extend the contract, the other party shall be notified in writing as to the continuation of the contract 12 months before the contract is terminated.
Article 10 (Liability for Event of Contract) If one of the parties to this Agreement causes damage to the other party in violation of the terms of this Agreement, it shall be in breach.