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(영문) 서울중앙지방법원 2016.07.01 2015가단5055383

정산금 청구등

Text

1. The Defendant’s KRW 57,357,99 and KRW 39,973,177 among the Plaintiff’s KRW 57,357,99 and KRW 17,384,82 among the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 1, 2014, the Plaintiff supplied the Defendant with “the instant goods” (hereinafter referred to as “instant goods”) and the Defendant entered into a business partnership agreement with the content that sells the instant goods on a lot department store or online sunset (hereinafter referred to as “instant contract”), and the main contents of the instant contract are as follows.

Article 6 (Settlement and Settlement)

1. In principle, the settlement cycle shall be once a month. The defendant provides the plaintiff with the settlement details arising from the 1st day of each month to the 24th day of the last day of the following month, and confirm the settlement details provided by the plaintiff by the 4th day of the following month.

If the plaintiff does not raise any objection to the settlement details of the defendant by the fourth business day, the settlement details of the defendant shall be determined.

2. On the established settlement of accounts, the defendant shall issue a tax invoice as of the fifth day of the following month on the basis of the value of supply as defined in Article 5 of this Agreement.

3. The defendant shall deposit the pertinent settlement amount in cash to the account designated by the plaintiff by the end of the following month.

section 9 (Period of Contract) The term of this contract shall be two years from the date of the contract, and shall be automatically extended one year on the same condition unless a written request for cancellation or modification of the contract is not submitted or agreement is not completed from any one month before the contract is terminated.

B. According to the instant contract, the Defendant received the instant goods from the Plaintiff, and sold them through the name department store, building store, Cheongri store, Cheongri store, Ansan store, middle store, and off-line store, and online store. Pursuant to Article 6 of the instant contract, the Defendant paid the Plaintiff the remainder after deducting the Defendant’s settlement amount from the sales proceeds, excluding the department store fees, from the sales proceeds.

C. However, the defendant from January 1, 2015 to the same year.

1. 31. The settlement of accounts for the total proceeds during the period of time incurred until 39,00.