(영문) 수원지방법원 2015.11.03 2014가합13979

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(영문) 수원지방법원 2015.11.03 2014가합13979

약정금

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1. The Defendant’s 46,744.39 US dollars and 6% per annum from September 20, 2014 to November 3, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. B is an individual entrepreneur who runs a trade business, etc., and the Defendant is a company that runs a medicine manufacturing business, etc.

B. Around April 21, 2011, the Plaintiff, the representative of B, entered into a marketing agency contract with the Defendant, under which B and the Defendant enter into a sales agency contract with the effect that B and the Defendant will act exclusively for business operations and receive agency fees from the Defendant (hereinafter “instant agency contract”). The instant agency contract includes the following:

Article 7 (Term of Contract)

1. The term of validity of this Agreement shall be from April 11, 201 to December 31, 2014.

2. The contract shall be automatically extended every one year under the same conditions unless one of the notification of the termination of the contract is given 30 days before the expiration of the period referred to in paragraph (1).

However, if one of the terms and conditions of a contract is notified of the change, the contract shall be automatically terminated unless the agreement is made by the expiration date of the period.

Article 8 (Termination)

1. If any of the following events occurs to one of the parties, the other party may terminate the contract immediately:

(1) If the failure of the project, such as attachment, auction, etc., occurs, 2) If the project becomes impossible, such as bankruptcy, corporate reorganization, and filing of a composition;

2. If one party has violated the provisions of this Agreement, the other party shall set a period of not less than seven days and shall, however, notify immediately the termination of the contract when the correction is not made.

3. A party which is attributable to the termination of a contract shall be liable to the other party for damages.

C. B Under the instant agency contract, the Defendant entered into a contract with the terms and conditions that the liquid cell dust inspection system and the reagents exclusively supply the liquid cell dust inspection system (hereinafter “instant contract”) to the C Center of Kazakhstan (hereinafter “the instant center”).

The defendant stated above.

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