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(영문) 서울중앙지방법원 2017.07.11 2016가단52300
물품대금 등
Text

1. The Defendant (Counterclaim Plaintiff) Co., Ltd. and IM International means to the Plaintiff (Counterclaim Defendant) 12,191,250 won and the same.

Reasons

A principal lawsuit shall also be deemed a principal lawsuit.

1. Basic facts

A. On May 4, 2010, the Plaintiff entered into a consignment contract between the Defendant Company and the Defendant Company on behalf of the Plaintiff for all sales activities relating to the Plaintiff’s sales of goods, and the Plaintiff shall pay the fees therefrom to the Defendant Company.

Around that time, Defendant Company paid KRW 20,000 to the Plaintiff to secure the performance of the above contract.

B. On December 31, 2013, Native Golf Co., Ltd. (hereinafter “Native Golf Co., Ltd.”) concluded a consignment contract with the Defendant Company and the Defendant Company on behalf of all sales activities relating to the Plaintiff’s sales of goods, and the Plaintiff entered into a consignment contract with the terms that the Plaintiff shall pay the fees therefrom to the Defendant Company (hereinafter “instant contract”).

The contents are as follows:

Article 9 (Sale of Original Inventory) (1) A shall make every effort to improve inventory with respect to the old-type inventory generated at the time of the release of new products among the consigned goods owned by it, within a certain period after consultation with A, and Eul shall purchase the remaining old-type inventory after the said period.

Article 11 (Operational Obligations of POS Terminal) ① “B” shall be sold through only the device paid by A when the goods supplied by “A” are sold, and the sales methods are as follows:

1. Where a purchaser of a product makes payment by credit card, he/she shall make payment by means of a credit card terminal in the identification device paid by A;

2. Where a purchaser of a product makes a payment in cash, he/she shall settle the payment through a report on cash sales on the implements paid by Party A.

(2) B shall make no omission in the issuance of a certificate of retail sale tax by Party A in selling goods pursuant to paragraph (1).

Article 12 (Deposit Deadline and Restrictions at the Time of Cash Retail Sales) (1) A shall deposit the cash sales amount with A within three days (excluding holidays) from the date of sale.

(2)

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