물품대금 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company that engages in the business of manufacturing and selling verbals for men, and the Defendant is a company that engages in the business of selling household goods and miscellaneous commodities.
B. On June 5, 2014, the Plaintiff entered into a sales agency contract with the Defendant with the content that the Plaintiff shall supply the goods supplied by the Plaintiff to the Defendant, such as verbal speech, etc., and the Defendant shall sell the goods through a domestic home shopping company, and then pay the Defendant sales commission and the remainder of sales proceeds after deducting the costs to be borne by the Plaintiff from the sales proceeds received from the domestic home shopping company as the sales proceeds (hereinafter “instant sales agency contract”).
C. Meanwhile, at the time of the instant sales agency contract, the Plaintiff and the Defendant agreed that the contract period shall be one year from the date of entering into the contract, and the Defendant’s sales commission shall be 3.3% (including value-added tax) of the seller of home shopping, respectively. The Plaintiff and the Defendant agreed that all of the expenses, such as broadcasting fees, stamp distribution expenses, home delivery expenses, ARS expenses, model fees, professional works, etc. incurred in relation to the sales of goods through home shopping companies, shall be borne by the Plaintiff.
Under the sales agency contract of this case, the Plaintiff supplied the Defendant with the verbal message for men produced by the Plaintiff, and the Defendant sold a total of KRW 907,090,000,000 via Hyundai Home Shopping Co., Ltd. (hereinafter “Mo home shopping”).
[Ground of recognition] without any dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 5 and 6 (including a serial number; hereinafter the same shall apply), each fact inquiry result of the modern home shopping of this court, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion is that the Plaintiff supplied the instant goods to the Defendant under the instant sales agency contract, and the Defendant supplied the instant goods through Hyundai Home shopping.