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(영문) 부산고등법원 2018.03.29 2017나51719
약정금
Text

1. The part of the judgment of the court of first instance against Defendant B, C, E, and F shall be revoked, and the revoked part shall be applicable.

Reasons

Ⅰ. Basic facts

1. A consignment supply contract, such as concluding a consignment supply contract;

1. Title of a contract: ① spring / summer / winter 2014, Ga B/ B, 2013 ( May to July, 11 to January of the following year) 2013; ② Total amount of a contract - total amount of KRW 1.2888 billion in 2013 - spring / winter - KRW 1.2880 million in 2014 - B/ Bring 2014 - the amount of KRW 1.2880 million in 2014 - the amount of KRW 1.280 million in 2014 / Bring 2014: the same as B/ Bring 2013

2. Trust contract deposit (deposit) ① The Plaintiff shall deposit the deposit amounting to 25% of the total supply contract amount to the account designated by the Defendant Company with each PPP.

(2) The S/S PPP that forms the contract standards for each Si/S PP shall be from five months to seven months, and the F/W PPP shall be from November to one month to the following year.

3.The consignment sales commission shall be based on 25 per cent of the total sales amount and shall be measured by each of the retail prices in brand market.

4. The supply of consigned goods (1) The Defendant Company will supply the consignment contract amount (deposit) from the Plaintiff on the basis of the amount of supply up to four (2/3/4) multiples.

7. Settlement ① The Plaintiff shall settle the total sales amount on 2/4 parking each month and transfer the total sales amount calculated by deducting 75% of the total sales amount, i.e., 25% of the total sales amount, to the Defendant Company.

(2) The defendant company shall re-supply the goods to the plaintiff at the ratio of the amount transferred within ten days after transfer.

(3) Where the supply of products by the defendant company related to settlement is delayed for at least 15 days or the supply of products is not possible due to the reasons of his/her own will, the plaintiff's obligation to settle the accounts shall also be temporarily suspended, and the relevant amount may be used from other input points for shooting purposes.

Article 5 (Payment of Price) of the General Conditions for Entrustment Supply Contracts (1) The defendant company shall pay to the plaintiff 25% of the sales amount of the goods (including value added tax), and the plaintiff shall deposit the value of supply calculated by subtracting the commission from the sales amount of the goods into the account of the defendant company designated by the defendant company as at the end of each month.

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