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(영문) 서울중앙지방법원 2017.07.21 2016가합512687
위탁수수료 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

On December 20, 2013, the Plaintiff (C Co., Ltd. prior to the mutual change on February 5, 2016) entered into a business agency agreement with the Defendant with the following terms and conditions:

(hereinafter referred to as the “instant contract”). The Defendant is a company established and surviving under the U.S. law, and the principal office is located in the U.S.T. Tech D.

The plaintiff is a company established and surviving under the Korean law, and the principal office is located in Gangnam-gu Seoul E building 304.

1.1. “Products” means software, products or services provided by the Defendant.

1.2. The term “business territory” means Korea, Japan, Taiwan and China.

1.3. The term “customers” means companies, individuals, etc. within the business territory to which products are supplied through the introduction and management of the Plaintiff.

If the written consent of the Parties exists, the scope of the customer may be extended outside the business territory.

2.1. In accordance with the terms and conditions of this Agreement, the Defendant shall appoint the Plaintiff as an exclusive sales intermediary within the business territory to promote the sale of the products, and the Plaintiff shall agree thereto.

4.1. The Plaintiff has the right to receive fees from the Defendant for prepaid licenses and all imports arising in connection with royalties that the Defendant received from the customer.

5.2. The plaintiff shall have the authority to terminate this contract without delay in the case of a serious breach of contractual obligations of the other party, failure to pay by the other party, legal management and bankruptcy.

6.1. regardless of the provisions of the Private International Law, all documents drawn up on the basis of this Agreement and this Agreement shall be interpreted by the State law of the United States, and the rights and obligations of the Parties under this Agreement shall be determined by the State law of the United States Tech.

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