beta
(영문) 서울중앙지방법원 2020.11.26 2019가합586535

손해배상(기)

Text

1. The Defendant (Counterclaim Defendant) is entitled to KRW 30,000,000 for each of the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant) A.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. The defendant is a company operating precious metal franchise business, etc. with the trade name of "D".

The Plaintiffs have concluded a “D” agency contract with the Defendant to purchase precious metals from the Defendant and sell them to consumers.

B. 1) The Plaintiffs concluded a sales agency contract with the Defendant as to each agency listed in the same table as indicated in each of the following table (hereinafter “instant agency contract”) (hereinafter “instant agency contract”).

(2) On December 13, 2016, the Plaintiff’s agency contract termination period A, and the main contents of the instant agency contract are as follows: D, March 15, 2017 through March 14, 2017; D, February 14, 2017; D, March 1, 2017 through February 4, 2020; C, May 4, 2017; and D, May 1, 2017 to May 30, 202.

Article 2 (Types and Specifications of Goods) (1) The kinds and specifications of goods handled by the plaintiffs shall be determined by the defendant according to the defendant's will.

② In any case, the Plaintiffs shall not handle the goods that the Defendant does not supply.

Article 3 (Transportation, Delivery, tallying and Consumption Materials) (3) The shopping bags and packaging cases consumed at the plaintiffs' business stores shall be produced and supplied en bloc by the defendant, and the costs shall be borne by the plaintiffs in full.

Article 4 (Selling Price of Agency) (1) The price of the goods the plaintiffs sell to consumers shall be determined by the defendant, and the plaintiffs shall observe and sell them.

Article 5 (Supply Prices of Goods)

1. Normal sale - 43% of the price the plaintiffs sell to consumers - 14K: 43% of the price the plaintiffs sell to consumers (deposit in the goods price) 1 to 15% of the price the plaintiffs sell to consumers. The plaintiffs applied the supply rate set forth in Article 5 to the sales price the plaintiffs sell to consumers by January 20 of each month and by the end of every 16 to the sales price by the end of the following month.