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(영문) 서울북부지방법원 2018.10.16 2016가단144307

보증금반환

Text

1. As to KRW 38,511,903 and KRW 20,000 among them, the Defendant shall annually year from November 21, 2016 to October 16, 2018.

Reasons

1. Facts of recognition;

A. On September 14, 2015, the Plaintiff entered into an agency contract with the Defendant, who conducts the clothing business under the trade name of “C”, with respect to the branch points of AK pllas, as follows:

(A) Certificate No. 3 and hereinafter “instant agency contract”: Provided, That “A” refers to the Defendant and “B”, and “A” refers to the Plaintiff). The agency contract term [Article 3]

1. In principle, the term of validity of a contract shall be one year, and the term of the first contract shall be from September 14, 2015 to September 13, 2016;

When there is no written notification of the termination of the contract between "A" and "B" three months prior to the expiration of the contract, the contract shall be automatically extended one year on the same condition.

2. Provided, That where the date of a contract for a distributor expires, it shall be based on the date of the contract for the distributor.

[Article 4] Trading Deposit

1. For the purpose of preserving claims against the stock loss, penalty, etc. due to neglect of management of “B” and other causes, “B” shall deposit KRW 20,000,000 as a transaction deposit with “A”.

2. The term “B” cannot transfer or offer the right to request the return of the deposit under paragraph 1 to any other person than “A”, and the term “A” is obligated to return the deposit only to “B,” and is to pay the deposit within three months after the settlement of claims and obligations between “A” and “B,” at the time of the closure of the store.

except that interest shall not be paid during this period.

[Article 9] Payment of Fees

1. The ratio of the sales commission (including value-added tax) of the product that “A” supplies to “B” shall be 21% of the sales price.

2. “A” shall pay a consignment commission fee to “B” on the 15th of the following month, except in extenuating circumstances.

[Article 12] Cancellation or Termination of Contract

1. “A” and “B” shall be prevented from being injured by the other party when the contract term is terminated due to the expiration of the contract term or due to other unavoidable reasons.