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(영문) 인천지방법원 2020.09.29 2019나67527

퇴직금등

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. The defendant is a company that engages in the manufacture and sales business of polybane, clothing, sediment products, etc.

B. The Defendant means a transaction in which a large franchise and retail business operator under a special contract purchases goods from a supplier on credit on condition that he/she can return unsold goods among the goods he/she purchased by a large franchise and retail business operator under a special contract with E who operates C department stores in order to sell the processed goods, etc. produced by the Defendant, and pays the sales amount to the supplier after deducting profit of a certain

(Article 2 subparag. 5 of the Act on Fair Transactions in Large Franchise and Retail Business (Article 2 subparag. 5 of the Act on Fair Transactions in Transactions in Large Franchise and Retail Business). A contract for sales of department stores was concluded with the Defendant’s stores in the department stores, and entered into a contract for sales agency with the Defendant’s goods on sales agency with the sales agency and had the sales agent

C. On February 1, 2016, the Plaintiff entered into a consignment sale contract (hereinafter “instant contract”) with the Defendant with the terms that the Plaintiff operates the said store, sells the Defendant’s goods, and collects a certain percentage of sales agency fees from the Defendant for sales performance (hereinafter “fee”). On March 31, 2018, the Plaintiff performed duties as a consignment sales agent selling the Defendant’s goods within the said store, and completed the said sales business on March 31, 2018.

The important parts of the sales agency contract and agreement prepared by the Plaintiff with the Defendant (hereinafter referred to as the “instant contract”) are as follows.

Article 1 of the Sales Agency Contract / [Purpose] This contract is a method of dealing with the affairs necessary for the plaintiff's business, sales agency, and sales order for the defendant's produced goods.