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(영문) 수원지방법원 2015.08.21 2014나22861

손해배상 등

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On May 21, 2012, the Plaintiff entered into a contract on entrustment of business affairs (hereinafter “instant contract”) with the Defendant as follows.

Section 1 (Purpose of this Agreement) The purpose of this Agreement is to promote mutual interests by providing for the supply of goods by the defendant in relation to the re-entrustment of sale of all goods (hereinafter referred to as "goods") to the defendant, and the consignment sale of goods by the plaintiff, payment, payment of fees, mutual rights and obligations on behalf of the plaintiff, etc. in relation to the collection of fees.

Article 6 (Operation of Entrusted Services)

1. The Defendant shall provide the Plaintiff with business policies specifying the terms and conditions of subscription for the sale of goods and the performance of entrusted duties, supply prices of goods, consignment sales commission, required documents, various supplementary goods, and other sales terms and conditions.

2. The Defendant supplied the goods to the Plaintiff, and the Plaintiff sold the goods supplied by the Defendant to the customer under the terms of sale as designated by the Defendant and received the commission.

3. The Plaintiff shall verify the identity of the customer and send the application form for subscription, copies of identification cards, and documents necessary for the subscription to the Plaintiff, and shall immediately deliver the original to the customer.

4. In the event that the plaintiff causes damage to the customer in the course of performing the entrusted duties, the plaintiff shall be liable unless there is a cause attributable to the defendant.

Article 8 (Ownership and Management of Goods)

1. The defendant may deliver goods to the plaintiff or deliver them to the plaintiff by entering the goods within the contract period, and the plaintiff shall issue a certificate of acceptance at the time of receipt of the goods.

Article 11 (Adjustment of Sales Commissions and Payments)

1. In the event that the plaintiff sold the defendant's goods, the defendant shall pay the sales commission according to the items of payment and payment criteria set forth in Article 6.

2. The defendant shall calculate the sales commission for the plaintiff as of the last day of each month and have the plaintiff confirm it and pay it by the last day of the following month.

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