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(영문) 수원지방법원 2019.08.22 2018나75849
손해배상(기)
Text

1. Of the part against Defendant B in the judgment of the court of first instance, the plaintiff who falls under any of the following amount ordered to be paid.

Reasons

1. Facts of recognition;

A. On August 10, 201, the Plaintiff entered into a contract with Defendant B to delegate the Plaintiff’s sale of cosmetics (hereinafter “instant consignment contract”) with a company that manufactures and sells cosmetics.

B. On July 12, 2015, Defendant C caused damage to the Plaintiff due to the activities under the instant sales delegation agreement, Defendant C set the guarantee period from July 12, 2015 to July 12, 2017, and jointly and severally guaranteed the guarantee period from July 12, 2015.

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

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 enter into a contract with a customer in the name of the company, prepare a contract for purchase of goods, and receive such contract to the company without delay along with the price of goods;

Article 7 (Withdrawal and Return of Sales Contracts)

1. Where a customer exercises the right to withdraw the relevant contract to the company within 14 days after concluding the contract for purchase of goods, the company shall immediately notify the Kaman of such right;

2. If the customer notifies the accelerator of his/her intention of withdrawal, the accelerator shall not refuse it, shall not refuse it, and shall not present any discretionary condition or time limit, and the accelerator shall notify the company immediately in receipt of a notice of his/her intention of withdrawal;

3. If the customer has withdrawn the contract in accordance with paragraphs 1 and 2 above, it shall have the goods delivered to the customer and shall promptly refund the price of the goods for which the goods have been returned to the customer.

Defendant.

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