beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. The Plaintiff runs a wholesale and retail business with the trade name of “C”, and the Defendant runs a book and retail business with the trade name of “D.”
B. On October 9, 2008, the Plaintiff entered into a regional total sales contract (hereinafter “instant contract”) with the Defendant to supply the publication published by the Plaintiff to D operated by the Defendant with the following content:
I refer to "A", "B", and "B", and enter into a regional sales agency contract for publications issued by A.
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:
5. “B” shall do its best to the management of regional guns and stores in order to achieve the sales objectives assigned by “A” and shall not return at the end of each year more than 30 per cent of the total delivery volume when returning annual accounts.
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 the amount in excess of 30% of the total delivery quantity shall be borne by “B” 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, upon the termination of their transactions, complete the return and completion of the adjustment within three months by either “A” and “B”.
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" and shall be one year for each item and treated as return.
Article 6 (Payment and Management of Sales Price)
2. “B” shall settle the sales proceeds of the publications entrusted by “A” at the end of each month.
4...