beta
(영문) 서울중앙지방법원 2015.07.08 2014가단196244

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 45,312,240 as well as 20% per annum from December 13, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in wholesale and retail business of publications, such as a monthly publication, reference, and short text, with the trade name of “C,” and the Defendant is a person who engages in retail business of publications with the trade name of “D.”

B. On September 22, 2008, the Plaintiff and the Defendant concluded a regional total sales contract that the Plaintiff wishes to supply publications to Defendant-operation D (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

The main contents of the instant contract C refers to “A”, “B”, and “A” refers to “B”, and the local sales agency contract for publications issued by “A” is concluded.

Article 1 (Purpose) In order to expand the dissemination of publications issued by “A”, “B” shall promote a smooth performance of duties and mutual benefits as well as smooth performance of duties by having “B” perform the duties of distribution, sale, management, and collection on behalf of others.

Article 2 (Duties) “A” shall not delegate a sales right due to sales and business agency services to any person other than “B”, and “B” shall have the following obligations:

1. “B” shall make every effort to achieve the number of sales targets assigned by “A”.

approximates

3.The selling area “B” shall be the area of Busan.

approximates

5. “B” shall do its best to the management of regional guns and stores in order to achieve the sales objectives assigned by “A” and shall not return more than 30 per cent of the total delivery volume at the time of returning annual accounts.

6. “B” shall report to “A” the current status of sales and receipts of publications consigned to “A” in writing on the present status of copies, inventories, sales, return, and receipts and disbursements of publications that are consigned to “A”.

Article 4(Entrusted Goods Management) “B” shall perform the duties of a manager in the management of publications entrusted by “A”, and shall not be stained when returning un sold publications to “A”, and the amount in excess of 30 per cent of the total delivery quantity shall be borne by “B” and “B” shall be borne by “B”.