(영문) 의정부지방법원 2018.11.14 2016가단120854

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(영문) 의정부지방법원 2018.11.14 2016가단120854

손해배상(기)

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1. The plaintiff's successor's application for intervention shall be dismissed;

2. The plaintiff's claims against the defendants are all dismissed.

3...

Reasons

1. Basic facts

A. On May 22, 2015, the Plaintiff entered into a contract with Defendant B to delegate the sale of the Plaintiff’s cosmetics (hereinafter “instant sales delegation contract”) with a company aimed at manufacturing and selling cosmetics and non-pharmaceuticals. At the time, the Intervenor, who had been a director general of the D Business Bureau at the time, jointly and severally guaranteed the Defendant B’s liability for damages against the Plaintiff.

B. On May 22, 2015, Defendant C jointly and severally guaranteed the Defendant B’s liability to compensate for damages incurred while engaging in activities under the instant sales delegation agreement up to KRW 50 million.

C. The main contents of the instant sales delegation agreement are as follows.

The Plaintiff and the Kaslur (the chief of the branch) enter into a sales delegation agreement between Defendant B as follows:

Section 1. (Purpose) The purpose of this Agreement is to provide for the content of the rights and obligations between the Canadianr and the Company accompanying the delegation by the Company of the sale of goods to the Canadianr and the sale of goods delegated by the Company.

Article 2 (Recognition of Status and Rights of Traclers)

1. An accelerator shall be charged with all the expenses incurred in relation to sales activities entrusted by the Company with the sales commission determined by the Company in respect of the cash sales price (excluding surtax) of a contract entered into between the buyer and the selling company as a free vocational income earner and arrange to conclude a sales contract between the buyer and the selling company;

Article 5 (Conclusion of Sales Contracts)

1. An accelerator shall prepare a contract for purchase in the name of the company after concluding a contract with a customer, and shall receive it to the company without delay together with the price of the goods;

2. In cases of receipt under paragraph (1), the company shall examine whether the contents of the contract are true, and, if there is no defect, fix the sales contract entered into by the Kamer as a sales contract concluded between the company and the customer

If there is a defect, the company shall enter into a contract with the manager immediately.

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