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(영문) 서울남부지방법원 2015.06.19 2013가합18180
매매대금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 18, 2013, the Plaintiff entered into a sales agency contract with the Defendant, who operates a sales company, such as clothes, to supply a golf wing wing machine (hereinafter “instant product”) with the Defendant and entered into a sales agency contract with the Defendant to establish and sell the instant product in Gyeongnam-do, Jeju Special Self-Governing Province, Australia, and New Zealand.

(hereinafter “instant supply contract”). The main contents of the instant supply contract are as follows.

Article 2 (Business Right of Agency) - The defendant shall protect the plaintiff's business right under this contract, and the plaintiff shall not sell the same kind of product after the conclusion of this contract.

- If the sale volume determined by the Plaintiff and the Defendant falls short of the minimum sale volume, the Defendant may establish a new agent within the Plaintiff’s business territory.

Article 3 (Scope, Price, and Terms and Conditions of Sale of Goods): - In cases of domestic agencies, sales price of KRW 795,00 shall be 516,750, 350, 795,000, supply price of KRW 318,00,00, and 60%, respectively.

- Conditions for establishing an agency: 240 on a yearly basis for Gyeongnam-do; 200 on a yearly basis for Jeju Special Self-Governing Province; and 360 on a yearly basis for Australia and New Zealand;

Article 4 (Prohibition of Discount Sales) - The plaintiff may not sell the defendant's product at an unreasonably discounted price unless the defendant gives his/her consent.

ARTICLE 6 (Return) - Goods supplied by the defendant to the plaintiff shall not be returned except in any of the following cases:

1. Where the products are defective in manufacturing;

2. Where it is destroyed while in transport;

3. Where goods different from the text are delivered mistakenly, Article 7 (Payments) - 30% of the down payment shall be paid at the time of conclusion of the contract, and the balance shall be paid in cash at the time of release of the goods.

B. The Plaintiff’s product of this case from the Defendant pursuant to the supply contract of this case.

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