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(영문) 서울북부지방법원 2016.10.19 2014가합25928

손해배상(건)

Text

1. The defendant,

A. As to KRW 32,508,757 among Plaintiff A and KRW 26,060,797 among them, the amount of KRW 32,508,757 from July 15, 2014 to KRW 6,447,960.

Reasons

1. Basic facts

A. The defendant has its head office in Dongdaemun-gu Seoul Metropolitan Government D and aims at manufacturing and selling hearing aids.

B. On November 11, 201, Plaintiff A entered into a contract with the Defendant for hearing aids sale and siren agency, and paid KRW 15 million to the Defendant on November 14, 2011, and thereafter, Plaintiff A operated E and F agency (hereinafter “instant E branch”). On June 12, 2012, Plaintiff A entered into a contract with the Defendant to entrust the instant E branch (hereinafter “instant entrustment contract”), and the main contents are as follows.

Article 2 (Duties of Party A) (1) of the Entrustment Management Contract (Joint Direct Sales Center and Hearing aids lren Branch) (1) shall be entrusted and operated as the same as the direct sales outlet with the head office, owned and operated by Party A (Plaintiff A) with the care of a good manager as the trustee of the entrustment of management.

(4) A shall assign class of the head of the headquarters to B inside and externally delegate the representative status of E and F branch offices.

(5) A shall pay a monthly benefit (1.5 million won per month benefit) to B, and a four-dimensional insurance premium shall be borne by B.

Article 3 [Obligation to Comply with B] (4) The Section B shall deposit the daily amount of the entrusted management deposit with the Party A by December 31, 2012, and the Party B shall return the deposit to Party B after the termination of the contract.

Section 4 [Contract Term] (1) This Agreement shall be two years from July 1, 2012 to June 31, 2014.

2. If the term of this contract expires, this contract shall be terminated automatically, except that it may be renewed upon mutual consultation at least one month prior to the expiration of the contract.

Article 5 [Distribution and Settlement of Dividends for Profits] (1) Distribution of dividends arising from entrusted operation of A shall be made to 50 to 50, and 50% of the dividends shall be paid to A as at the end of each month in cash by the 15th day of the following month.

(2) The amount of dividends prescribed in paragraph (1) shall be the amount of sales sold after the close of each month during commission operation.