(영문) 수원지방법원성남지원 2016.11.25 2015가단29243

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(영문) 수원지방법원성남지원 2016.11.25 2015가단29243

보증금반환

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 7,077,530 to the Plaintiff (Counterclaim Defendant) and its related amount from February 13, 2015 to November 25, 2016.

Reasons

1. Facts of recognition;

A. A. Around March 17, 2014, the Plaintiff and the Defendant concluded an agency contract (hereinafter “instant agency contract”) with the Plaintiff’s Seoul D Point (hereinafter “C branch”) operated by the Defendant (hereinafter “instant branch”). Accordingly, the Plaintiff paid KRW 20,000,000 in total to the Defendant.

Article 4 (Deposit and Security)

1. The Plaintiff should deposit KRW 20,000,00 as contract deposit with the Defendant’s account at the same time as contract deposit.

Provided, That no interest shall accrue on the deposit of the contract deposit.

Article 5 (Supply of Goods)

1. The Plaintiff handles only the goods supplied by the Defendant, and is prohibited from displaying and selling goods (other brands) that the Defendant did not supply at a store or separate place, and does not raise any objection to any measure taken by the head office when it is discovered.

Article 7 (Return of Goods)

1. The Plaintiff may return all of the goods supplied to the Plaintiff at the time determined by the Defendant or at the level of Pison, but the return schedule shall be determined by the Defendant.

(A) The plaintiff is not allowed to return at will. However, if the defect occurred in the course of the plaintiff's management aid and sale is the plaintiff's negligence, the plaintiff shall compensate for the damage with the selling cost of goods belonging to the defendant.

2. The Plaintiff shall promptly return the goods under the supervision of the Defendant to the Defendant for the return of the goods.

3. The defendant may request the plaintiff to return to the plaintiff in order to maintain an efficient sales meeting and an adequate inventory, and the plaintiff shall faithfully perform the duty.

4. If the Plaintiff fails to comply with the return without good cause recognized by the Defendant, the supply of the goods may be suspended for the resolution thereof, and the goods not returned shall be considered to have been sold and settled.

5. The plaintiff and the defendant shall facilitate the prompt transfer and sale of goods between the head office, agents, and agents.

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