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(영문) 서울고등법원 2019.08.30 2018나2054782
손해배상(기)
Text

1. The Defendants in the judgment of the first instance, including each claim of the Plaintiff’s Intervenor who participated in the trial at the trial.

Reasons

1. Basic facts

A. L 1) L is a person operating a business with the trade name of “M” and the N.N. (hereinafter “N”).

(2) The Defendants entered into each agency contract (However, as seen earlier, the transaction guarantee amount under Article 3 was set differently for each of the Defendants) with respect to the instant clothing goods among the instant clothing goods, including the following contents: (a) with L, as a company established for the purpose of the business of manufacturing and wholesale goods, and the business of wholesale and retail. (b) With respect to the instant clothing goods, the Defendants entered into a different agency contract with L, with respect to the instant clothing goods, including the following contents:

(hereinafter referred to as "the P Contract of this case". Article 3 (Deposit and Security) (1) [referring to the defendants who are agency owners] must deposit only KRW 40,00 in cash with the transaction deposit to Gap (referring to L or N) at the time of entering into a contract.

(6) Deposit money shall be paid preferentially when the obligation to Gap is not paid to Eul, and real estate security shall be established with a view to preserving Gap's claim when Eul's non-performance obligation is incurred in connection with this contract.

Article 11 (Business Obligations2) (1) A may, if necessary, request B to submit data on his/her business, such as the current status of sales, inventory, financial status, account books, etc., and may frequently check the current status of sales management, etc.

(3) Eul shall transmit the daily sales status to Gap by electronic means at the time of closing on the day, and in extenuating circumstances, notify the FAX thereof, and notify Gap of the inventory list as at the end of each month.

(4) If Party A notifies Party B of the details of monthly transactions by no later than the fifth day of the following month and is notified Party B to Party B, and no objection is raised to the details of transactions within seven days from the date he/she is notified of Party B.

Article 15 (Termination of Contract) (1) A and B shall be all or part of this contract where any of the following grounds arises:

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