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(영문) 수원지방법원 2016.10.14 2015가단1136
보증금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 100 million to the Plaintiff (Counterclaim Defendant) and against this, from September 3, 2014 to October 14, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established to run an electronic component distribution business, such as temperature control devices, and the Defendant is a person who uses the trade name “C” and engages in the business of manufacturing temperature control devices.

B. On September 4, 2009, the Plaintiff entered into a “total sales contract” with the Defendant to sell the temperature control machine manufactured by the Defendant as a monopoly (hereinafter “instant sales contract”). The main contents of the contract are as follows.

The purpose of Article 1 (Purpose of Contract) of the General Sales Contract is to increase business efficiency and to secure smooth communication between the plaintiff's total sales of the defendant's goods by concluding an exclusive sales contract with the jurisdiction over the entire area of the Republic of Korea.

Article 3 (Contract Deposit) The plaintiff shall pay KRW 100 million to the defendant under the condition of the contract for the total domestic sales right.

Article 4 (Unit Price and Settlement) The price of the product the defendant handles shall be determined as follows:

1. Supply unit cost: not less than 50,000 won per unit (monthly) of the order quantity of less than 50,000 won per unit;

2. Payment: Article 5 (Prohibited Matters) of the Settlement on the fifth day following the end of each month;

1. Causing an economic burden on the Plaintiff;

2. Other acts violating relevant Acts and subordinate statutes.

3. Supplying goods within the jurisdiction of a contract;

4. The period of this contract under Article 6 (Period of Contract) shall be two years from September 3, 2009 to September 2, 2011.

Article 7 (Renewal of Contract) If the intention to extend the contract is not notified in writing one month before the expiration of the contract term, this contract shall be automatically extended for three years.

Article 8 (Termination of Contracts)

1. Where he/she seriously interferes with the plaintiff's business by impairing the plaintiff's credit or reputation, or by violating his/her business territory or by committing lawful acts;

2.This Agreement.

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