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(영문) 수원지방법원 2018.08.07 2017가단538052

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 10, 201, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) concluded a contract with Defendant B to delegate the sale of cosmetics of the Plaintiff Company (hereinafter “instant consignment contract”) with a company that manufactures and sells cosmetics.

B. On July 12, 2015, Defendant C had jointly and severally guaranteed the amount of damages up to 40 million won when Defendant B incurred losses to the Plaintiff Company due to activities under the instant sales delegation agreement.

C. The main contents of the instant sales delegation agreement are as follows.

Article 2 (Recognition of Status and Rights of Traclers)

1. An accelerator shall be charged with all the expenses incurred in relation to sales activities entrusted by the Company with the sales commission determined by the Company in respect of the cash sales price (excluding surtax) of a contract entered into between the buyer and the selling company as a free vocational income earner and arrange to conclude a sales contract between the buyer and the selling company;

Article 5 (Conclusion of Sales Contracts)

1. An accelerator shall prepare a contract for purchase in the name of the company after concluding a contract with a customer, and shall receive it to the company without delay together with the price of the goods;

Article 7 (Withdrawal and Return of Sales Contracts)

1. Where a customer exercises the right to withdraw the relevant contract to the company within 14 days after concluding the contract for purchase of goods, the company shall immediately notify the Kaman of such right;

2. If the customer notifies the accelerator of his/her intention of withdrawal, the accelerator shall not refuse it, and shall not present any discretionary condition or time limit, and the camera shall notify the company immediately in receipt of a notice from the customer of his/her intention of withdrawal;

3.If the customer has withdrawn the contract in accordance with paragraphs 1 and 2 above, the Canadian shall have the goods delivered to the customer and shall promptly refund the value of the goods for which the goods have been returned to the customer.

Defendant B.