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(영문) 서울고등법원 2015.11.27 2014나40062

손해배상등

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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and the counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is a stock company with the objective of sediment manufacture and sales business, etc. The Plaintiff is a person who vicariously sells sedi, etc. manufactured by the Defendant from the department store B from May 1, 2004 to March 31, 2007, from April 1, 2007 to July 31, 201, from the department store C from July 31, 201, from August 1, 201 to June 201.

B. The Defendant entered into a special purchase transaction agreement with each department store operator under a special agreement with the following terms and conditions. The Defendant entered into a purchase transaction agreement with a lot shopping company, which operates a lot department store (hereinafter “slot shopping”). The Defendant entered into a special agreement with a department store of AK Pla, an operator of a new department store, and an operator of a new world department store with similar terms and conditions.

(2) The term “sale under special agreement” refers to the transaction form in which the Defendant purchases goods on credit from the Defendant and pays the Defendant the sales amount after deducting the sales amount at a certain rate or a certain amount after selling the goods on credit on condition that the goods, among the goods purchased by a lot shopping, may be returned. The term “sale under special agreement” refers to the transaction form in which the Defendant sells the goods on credit and pays the Defendant the sales amount after deducting the sales amount at a certain rate or a certain amount after selling the goods. The term “the closing rate of sales under special agreement” refers to the rate in which the Defendant receives money, etc. from the sales amount in return for the sales of the goods supplied by the lot shopping.

(Article 2. - The due date for the payment of goods: Within 40 days from the due date for monthly sales (Article 7(2) - The amount that the Defendant pays for lot shopping is the same as the amount obtained by multiplying the sales of goods by 25%.

(Article 10(1). - Lot shopping is the personnel expenses of employees who are employed by the defendant, or other employees who are dispatched by the defendant to engage in their sales, etc., or who are employed by lot shopping.