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(영문) 서울중앙지방법원 2019.05.21 2018가단5142493

대금반환청구

Text

1. The Defendant shall pay to the Plaintiff KRW 34,89,200 and the interest rate of KRW 15% per annum from July 20, 2018 to the day of complete payment.

Reasons

1. In fact, the defendant is a company whose business purpose is manufacturing, wholesale and retail, mail order, and door-to-door sales business of cosmetics, health assistance foods, foodstuffs, household supplies, etc.

On November 10, 2017, the Plaintiff entered into a door-to-door sales center contract with the Defendant and used a space that the Defendant provided without compensation (part of the 13th floor of the building of the headquarters of the Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government) as the office, and opened a door-to-door sales agency under the trade name of "D Self-Governing Center" and operated door-to-door sales business through the Defendant’s sales

Section 1 (Purpose) The purpose of this Agreement is to provide for the principle agreed in good faith and sincerity in commercial transactions in which products for door-to-door sales of a company are supplied and sold for the purpose of door-to-door sales, and to promote mutual interest and development by establishing a basis for understanding and fair trade.

Article 2(1)(Definition of Terms) A/C means a person who uses a trade name, trademark, emblem, service mark, etc. from a company and is subject to education, support, and control for that business through reporting on door-to-door sales and reporting on door-to-door sales and registration on door-to-door sales, and pays a security money in return for that business. (2) C/C (Sales) means a person who enters into a delegation contract with a free income earner and sells goods through a sales contract between a consumer and a self-governing center.

3) Products means products supplied by the Company and sold by the Company to a door-to-door sales center (1) 2) /C (sales) and entrusted to consumers by the Company. Article 5 (Determination of Price and Supply of Products) 1) Company supplies the products ordered by the Self-Governing Center to the Self-Governing Center, and the Self-Governing Center purchases and sells them to consumers via E (Sales).

2) The supply price shall be supplied by the Company from time to time, as determined by the Company. Article 7 (Confirmation of Delivered Goods)