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(영문) 서울서부지방법원 2016.06.02 2015나971

물품대금

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above part is revoked.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in wholesale and retail business of publications, such as a monthly publication, reference, and short text, with the trade name of “D,” and the Defendant is a person who engages in retail business of publications under the trade name of “F bookstore” in Daegu Jung-gu.

B. Around April 2004, the Plaintiff and the Defendant entered into a regional total sales contract with the Plaintiff to supply publications to G operated by the Defendant.

The main contents are as follows:

Article 1(Purpose) “A” (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply) shall perform duties smoothly and promote mutual benefits by having “B” (the Defendant refers to the Defendant; hereinafter the same shall apply) perform duties of distribution, sale, management and collection on behalf of others in order to expand the dissemination of publications issued by “A” (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply).

Article 2 (Duties) “A” shall not delegate a sales right due to sales and business agency services to any person other than “B”, and “B” shall have the following obligations:

6. “B” shall report to “A” the current status of sales and receipts of publications consigned to “A” in writing on the present status of copies, inventories, sales, return, and receipts and disbursements of publications that are consigned to “A”.

Article 4 (Entrusted Goods Management) “B” shall perform the duties of a manager in the management of publications entrusted by “A”, and shall not be stained when returning un sold publications to “A”, and “B” shall be responsible for the storage and management of the consigned materials.

Article 5 (Return of Entrusted Articles)

1. The return of consigned goods shall be notified to “A” in consultation between “A” and “B” in accordance with the current status of sale.

2. “A” and “B” shall complete the relationship between “A” and “B” within three months upon the termination of the transaction.

3. If the sale of a new, short, etc. is poor, the period of sale shall be determined by mutual agreement between "A" and "B" as one year for each item and shall be returned.

Article 6 (Payment and Management of Sales Price)

2. “B” shall be the sales proceeds of the publications entrusted by “A”.