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(영문) 서울고등법원 2015.06.04 2014나30546
선급금
Text

1. Of the parts concerning the principal lawsuit in the judgment of the court of first instance, the following payments shall be ordered:

Reasons

1. Basic facts

A. The Plaintiff (formerly, I Co., Ltd.) is a company engaging in the manufacture and sale of concrete mixtures, and the Defendants are engaged in the product agency business in the name of “D” between the father and the father.

Meanwhile, the Plaintiff’s representative director was operating F Co., Ltd. (hereinafter “F”), and the Plaintiff merged F on August 11, 201.

B. On June 15, 2009, the Plaintiff entered into an agency sales contract with the Defendants as to the mixture of concrete products produced by the Plaintiff. The main contents of the instant case are as follows.

(hereinafter “instant agency sales contract”). Article 2 of the Act on the Supply of Products and Supply of Tax Invoice and the issuance of the tax invoices directly to the transaction partner (the actual consumer) who is supplied by the Plaintiff, the Plaintiff shall, in principle, indicate the business registration number of the Defendants in the remarks column.

Provided, That it shall be separately marked in Appendix 1, if it is determined by separate consultation for the customer who is unable to indicate.

Article 3 (6) The Defendants’ duty to provide monetary support and to reimburse expenses for the Plaintiff’s business activities is governed by a separate monetary loan certificate signed by the Plaintiff and the Defendants. Article 4 (Transaction Management 1) The business partner management is jointly conducted between the Defendants and the Plaintiff. When the Defendants develop a new business partner, they shall comply with the Plaintiff’s business policy prior to the commencement of transaction with respect to the establishment of terms and conditions of transaction and credit limit, etc., and shall seek prior consultation

2) No competition may be conducted between the former client and the Plaintiff’s agent, and the Plaintiff’s employee and the Plaintiff’s agent should not compete with the Defendants’ client. 3) In the event that the Plaintiff’s employee or the Plaintiff’s agent entered into an agreement with the Defendants on the transaction line and supplies the pertinent product, the Defendants are understood.

Article 5 (Transactions of the Defendants)

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