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(영문) 서울중앙지방법원 2016.01.08 2015나12634

물품대금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs the wholesale and retail business of publications with the trade name of C, and the Defendant is a person who runs the book wholesale business with the trade name of D.

B. Around August 23, 2008, the Plaintiff entered into a regional general sales contract with the Defendant with the content that the publication of the Plaintiff’s publication will be supplied to D of the Defendant’s management with the content that is as follows (hereinafter “instant contract”).

The term "A" refers to "A", "D", and "A" enters into a regional sales agency contract for publications issued by "A".

Article 1 (Purpose) In order to expand the dissemination of publications published by Gap, a person shall have Eul conduct the distribution of copies, sales, management, and collection of publications on behalf of others, thereby promoting smooth performance of his duties as well as mutual benefits.

Article 2 (Duties) A shall not delegate any right of sale arising from sale or business agency to any other person than B, and B shall have the following obligations:

1.B shall make every effort to achieve the number of sales targets assigned by A.

approximates

4. Where the problem of publication has occurred due to the causes attributable to A, A shall compensate for damages to B in accordance with the contents agreed by both parties.

5.B shall make every effort to manage regional and book boards in order to achieve the sales objectives assigned by A, and shall not return more than 30 per cent of the total delivery volume at the time of returning annual final accounts.

Article 4 (Entrusted Works Management) B shall perform the duties of a manager in the management of publications entrusted by A, and the unlisted publications shall not be damaged when returning them to A, and Eul shall bear losses incurred in excess of 30 percent of the total delivery quantity, and Eul shall be responsible for the storage and management of the consigned publications.

Article 5 (Return of Entrusted Articles)

1.Return of consigned products shall be notified to A, subject to consultation between A and B, according to the current status of sale;

2. Within 3 months and Gap and Eul at the time of termination of this transaction.