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(영문) 광주고등법원 2017.08.11 2016나16381
손해배상(기)
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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. Basic facts

A. On March 1, 2000, the Plaintiff entered into a sales agency contract with the Defendant with the content that the Plaintiff would be granted the power of representation for the motor vehicles produced and supplied by the Defendant, and continued to enter into a sales agency contract with one year or two years on a one-year basis. On April 1, 2014, the Plaintiff entered into the sales agency contract with the following content (hereinafter “instant contract”).

Article 1 (Purpose) The purpose of this Agreement is to establish common prosperity and sound market order by prescribing the authority and responsibility between the defendant and the plaintiff in granting the plaintiff the right to sell cars produced or supplied by the defendant to the plaintiff, and by promoting sales promotion and standardization of business affairs.

Article 9 (Matters to be Observed)

1. The Plaintiff shall comply with all business guidelines, including sales procedures, sales conditions, securing of claims, and overdue management, as determined by the Defendant.

Article 11 (Prohibited Acts)

1. The number of plaintiffs or sales agents shall not be that falling under any of the following items without the prior written consent of the defendant:

1) Act of delegating sales rights to a person who is not registered with the defendant to a third party; 2) act of selling other vehicles overseas; 4) act of selling a motor vehicle or selling a motor vehicle to a third party overseas through an Internet broker; 5) act of in violation of the defendant's sales business guidelines (including goods) act of offering it to a customer, other than the sales conditions implemented by the defendant; 6) act of giving or receiving sales performance from the defendant's branch employees or other sales agencies;

1. The Plaintiff shall receive the automobile price in accordance with the automobile sales contract and pay it to the Defendant by the closing time of the bank on the day.

Provided, That the price received after the closing of the bank shall be paid immediately after the commencement of the following business day.

(b)in this case.

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