(영문) 서울중앙지방법원 2015.10.27 2015나12610

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(영문) 서울중앙지방법원 2015.10.27 2015나12610

물품대금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs the wholesale and retail business of publications with the trade name “D” in Seoul Sejong-gu, and the Defendant is a person who runs the retail business of publications with the trade name “F” in net City E.

B. On March 2, 2004, the Plaintiff entered into a regional total sales contract with the Defendant with the following content (hereinafter “instant total sales contract”).

The term "A" is referred to as "A", the net F is referred to as "B", and the local sales agency contract is concluded for publications issued by "A".

Article 1 (Purpose) In order to expand the dissemination of publications published by Gap, it shall have Eul conduct the distribution of copies, sales, management, and collection on behalf of others, thereby promoting smooth performance of duties as well as mutual benefits.

Article 2 (Duties) A shall not delegate any right of sale arising from sale or business agency to any other person than B, and B shall have the following obligations:

1.B shall make every effort to achieve the number of sales targets assigned by A.

approximates

3. The sales area of Eul shall be determined by the net City/Do.

4. Where the problem of publication has occurred due to the causes attributable to A, A shall compensate for damages to B in accordance with the contents agreed by both parties.

5. Eul shall make every effort to manage local guns and offices in order to achieve the sales goals given by Gap.

Article 4 (Entrustment Management) B shall perform the duties of a manager in the management of publications entrusted by A, and the unlisted publications shall not be damaged when returning them to A, and B shall be responsible for the storage and management of the consigned publications.

Article 5 (Return of Entrusted Articles)

1.Return of consigned products shall be notified to A, subject to consultation between A and B, according to the current status of sale;

2. At the time of the termination of the transaction between Gap and Eul, the parties shall complete the return and the settlement of Gap and Eul within three months.

3. Salute, salute, etc.

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