(영문) 서울서부지방법원 2016.06.09 2015나2847

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(영문) 서울서부지방법원 2016.06.09 2015나2847

물품대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in wholesale and retail business of publications, such as a monthly publication, reference, and short series, with the trade name of “D,” and the Defendant is a person who engages in retail business of publications with the trade name of “C” in “Cheongju-gu, Young-gu.”

B. On August 26, 2006, the Plaintiff and the Defendant entered into a regional total sales contract that the Plaintiff would supply publications to Defendant-operation C (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 1(Purpose) “A” (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply) shall perform duties smoothly and promote mutual benefits by having “B” (the Defendant refers to the Defendant; hereinafter the same shall apply) perform duties of distribution, sale, management and collection on behalf of others in order to expand the dissemination of publications issued by “A” (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply).

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 make every effort to manage local guns and offices in order to achieve the sales objectives assigned by “A”.

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 “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 be at the end of each month the sales proceeds of the publications entrusted by “A”.

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