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(영문) 서울중앙지방법원 2015.01.16 2014가합529650

부당이득금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 34,231,00 to the Defendant (Counterclaim Plaintiff) and its related amount from June 1, 2013 to October 5, 2014.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to be a principal lawsuit and counterclaim.

A. On October 17, 2011, the Plaintiff entered into a contract with the Defendant to be supplied with the Tech (hereinafter “instant product”) (hereinafter “instant contract”).

The main contents are as follows:

The purpose of this contract is to contribute to joint prosperity by the Plaintiff (B) as an agent for the sale of personal services, such as the supply and sale of personal services, between the Defendant and the Plaintiff, as the Plaintiff’s agent for the sale of personal services, from October 17, 2011 to October 16, 2012 (one year).

Article 2 (Supply Products and Sales Places) (1) The Plaintiff shall sell by proxy the following brands imported and supplied to the Plaintiff at the designated place.

- 테크니카(Tecnica) : Trekking shoes, Running shoes (2) 판매장소 : 대한민국 내 등산 전문점(로드�) (3) 제외매장 : 백화점, 온라인, 쇼핑몰, 대형법인 유통 및 브랜드 매장 제4조(소비자 판매가격 및 납품가격율) (1) 원고는 피고와 합의하여 결정한 상품의 판매가격을 준수하여야 한다.

(2) When the Plaintiff intends to change the selling price of the goods, the Plaintiff shall make a prior agreement with the Defendant.

(3) The Defendant’s supply price ratio of the goods supplied to the Plaintiff shall be corrected according to the following standards:

Article 6 (Exchange and Return of Goods) (1) Defects, shortage of quantity, etc. in the sale price of goods, 45% of the sales price of goods, tecrying and trekking, shall be limited to the portion recognized by the defendant.

When a defect is found, the defendant shall promptly return, process and exchange it.

(2) With respect to the goods ordered by the Plaintiff under the agreement of both doctors, they may be returned or exchanged only for the goods agreed to by the Plaintiff and the Defendant according to the sales performance of the store.

Goods subject to return agreement: SS-201 to SP in 201, SP(3).