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(영문) 서울중앙지방법원 2018.11.27 2017가단5218959

퇴직금

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant, who produces and sells sports clothing, concluded a special contract on purchase transaction with the department store that the Defendant supplies the products manufactured by the Defendant to the large-scale store, such as the department store, and sells them to the above company, and pays the remainder of sales proceeds after deducting a certain amount of fees from the sales proceeds to the Defendant.

On the other hand, the Defendant agreed to dispatch the manpower to sell in each superstore.

B. Accordingly, the Plaintiffs entered into a TPSM contract (hereinafter “instant contract”) with the Defendant to operate stores in the Defendant’s store in a superstore, such as a department store, and sell the Defendant’s goods and receive a certain percentage of consignment commission fees from the Defendant. From May 11, 2007 to December 31, 2016, Plaintiff A was in charge of the Defendant’s sales of the Defendant’s products at the Defendant’s store in the new world department store D store, and from July 1, 2013 to September 8, 2017, Plaintiff B was in charge of the Defendant’s sales of the Defendant’s products at the Defendant’s store in the department store E store, from August 1, 2014 to June 30, 2017.

C. The important contents of the instant contract concluded between the Plaintiffs and the Defendant are as follows.

Article 4 (Rights and Obligations)

1. “TPPM” shall be sold and calculated in the name of “Addas” (hereinafter referred to as “goods”) provided by “Addas” to “TPSM” in the name of “Addas” at the place of business.

In addition, the "TPPM" bears all the responsibility for the management of the goods and the places of business of the "Adddas" provided by the "Addas", and the "TPSM" should sell only the goods and products provided by the "Addas" at the place of business.

7.The term “TPPM” is a consignment service provider, and the term “TPPM” is to operate the department store in which the place of business is located (if it is not a department store, a building in which the place of business is located).