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(영문) 울산지방법원 2018.10.25 2016가합22475
물품대금
Text

1. Defendant B and Defendant (Counterclaim Plaintiff) C are jointly and severally liable to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Status 1) The Plaintiff and D (D, hereinafter “Nonindicted Company”)

(2) The Plaintiff and the Defendant C Co., Ltd. (hereinafter “Defendant C”) are both domestic corporations established for the purpose of building and repairing ships, manufacturing and installing vessel designs, etc., and Defendant C Co., Ltd. (hereinafter “Defendant C”) is established for the purpose of selling the Plaintiff’s products by using the Plaintiff’s trade name exclusively in the Republic of Korea in accordance with a written agreement concluded between the Plaintiff and the Defendant B, as follows.

B. On July 1, 2011, the Plaintiff and Defendant B concluded an agreement with the Plaintiff and Defendant B on the sales of the Plaintiff’s products exclusively in Korea (hereinafter “instant agreement”).

The main plaintiffs of the instant agreement sell their own products only through Defendant B in Korea, and Defendant B did not purchase the Plaintiff’s competitive products.

The Plaintiff and Defendant B agreed to cooperate for the business and sale of Plaintiff’s products and options in Korea as follows.

1.1. Defendant B has the authority to request, in accordance with this Agreement, a specific customer to arrange for the sale of the Plaintiff’s products and options in Korea.

1.2. The State customers who need to create the project by Defendant B are large shipbuilding stations and ship owners.

6.3. Defendant B has the right to operate an enterprise in the name of “C” without paying the F’s expenses for the use of its name.

7. The Plaintiff is liable to perform its legal obligations, such as liabilities and intentional or gross negligence explicitly recognized by the Plaintiff in connection with the instant contract.

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