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(영문) 서울중앙지방법원 2018.12.20 2017가합572204

약정금

Text

1. The Defendants jointly pay to the Plaintiff KRW 314,823,416 and the interest rate thereon from November 8, 2017 to the date of full payment.

Reasons

Basic Facts

The following facts may be acknowledged, either in dispute between the parties, or in combination with the whole purport of the pleadings, each statement of Gap evidence 1 through 9, 13, and 20 (including each number, if any), witness D, and E.

The Plaintiff is a company that engages in the wholesale and retail business of clothing, and Defendant B is the mother of Defendant C, Nonparty E is the husband of Defendant B, and Defendant C’s father.

On April 1, 2016, including the conclusion of a contract, the Plaintiff entered into a contract with the Defendants on April 1, 2016, under which the Defendants shall sell the Plaintiff’s products and pay part of the sales proceeds to the Plaintiff (hereinafter “instant contract”).

The parts relating to this case in the contract of this case are as follows.

In order to pursue common interests through efficient sale of products and the maintenance and improvement of product brand authorization, the Plaintiff and the Defendants enter into this contract with respect to private input transactions through specific purchase and incidental transactions as follows:

Article 1(4) The transaction under this Agreement is deemed to be a specific purchase transaction in which the amount calculated by subtracting a certain rate of sales profit from the sales proceeds of the Defendants’ sales proceeds is paid to the Plaintiff as the sales proceeds, and the inventory means a specific purchase transaction in which the goods are purchased and sold on credit under the condition that they are returned, and where it is not otherwise specified, such as

Article 4 (Business Obligations) (1) The Defendants shall handle and sell only the Plaintiff’s products at an agency established under this Agreement.

(5) Upon termination of the contract, the Plaintiff shall, in principle, accept the part of the Defendants’ inventory of the specific shipment out of the total shipment out of the total shipment. However, the Defendants may return the long-term inventory and inferior deteriorated goods arising due to the reasons attributable to the Defendants.