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(영문) 서울서부지방법원 2017.11.21 2017나32422

판매대금정산

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1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On November 6, 2013, the Plaintiff and the Defendant decided to act as a sales agent through the Home shopping channel broadcasting, Internet shopping mall, or carbaging medium, with the following content as the instant agreement: (a) from November 6, 2013 to November 5, 2014, the Plaintiff’s goods of the Plaintiff, “the goods of this case,” comprised of “the World Literature Emba Center, electronic books, and DNA (SAM)” (hereinafter “the goods of this case”); and (b) from November 6, 2013 to November 5, 2014, the Plaintiff agreed to act as sales agent through the Home shopping channel broadcasting, Internet shopping mall, and carbaging medium.

(2) The Plaintiff and the Defendant shall pay the Defendant the sales agency fee for the home shopping sales to the amount equivalent to 4% of the sales amount (excluding value-added tax). The Plaintiff shall supply the Defendant with 70.5% of the sales amount of the Defendant’s goods for the home shopping shopping mall and the car sloping sales, and the Defendant shall directly bear distribution commission and incidental expenses, such as the Internet shopping mall. The settlement of sales agency fee and the supply of goods for the Internet shopping mall shall be completed every month, and related documents shall be exchanged within the five business day of the following month, and cash shall be paid at the end of the following month. The payment shall be made in the manner of the Defendant’s trade in the event that the Defendant’s broadcast is conducted with the Defendant’s code for the purpose of discount of the home shopping mall distribution commission. The Plaintiff and the Defendant shall supply the goods to the Defendant, and pay the Defendant the sales amount for the goods which was settled by the home shopping mall company, and the Defendant shall pay the Plaintiff sales commission, distribution fee, and other incidental expenses to the Home shopping company.

As a result, a school library provides the Plaintiff with a device, and the instant product runs home shopping.