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(영문) 서울남부지방법원 2019.02.19 2018가단903

손해배상금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 700,000 to the Plaintiff (Counterclaim Defendant) and its related amount from January 23, 2018 to February 19, 2019.

Reasons

In other words, the principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a company that manufactures, distributes, and sells female brand products called “C” and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is a sales agent that entered into an interim management contract with the Plaintiff.

B. The Defendant: (a) concluded an intermediate management contract between the Plaintiff and the Plaintiff to sell the “C” brand goods supplied by the Plaintiff and receive the sales commission; and (b) continued to work in D and E stores for up to eight years; and (c) the Defendant decided to work in E stores while working in D stores, and the main contents of the intermediate management contract prepared between the Plaintiff and the Plaintiff on February 20, 2017 are as follows:

(hereinafter referred to as the “instant intermediate management contract”. In selling the Plaintiff’s products from E department stores, the contract is concluded as follows:

Article 3 (Rate of Fee) (1) Sales commission that the Plaintiff pays to the Defendant is as follows:

The fee for sales of the Fund shall be paid in cash within 20 days after the completion of the sales amount of the Fund (based on the basis of the consumer), 30% (15%), 50%, 15%, 13%, 13%, 2% of the fee for sales of the Fund.

(3) In principle, monthly sales settlement shall be made, and measures shall be taken to reimburse lost and damaged goods at the ex-factory price after settlement at the end of the Si-Eup

Article 4 (Check of Inventory) (1) A inventory inspection shall be conducted at the end of each month and submitted to the Plaintiff by the fifth day of the following month, and at the Plaintiff’s request, the Defendant shall conduct a inventory inspection and submit

(2) A notice of confirmation of balance shall be sent after confirming with a department related to the head office on the inventory quantity and amount each month.

3. In the event that the above amount of inventory inspection results result, the defendant shall, without any condition, be deemed to have been sold and the corresponding amount of LOSS shall be settled.