(영문) 서울서부지방법원 2018.05.03 2017가합31852

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.05.03 2017가합31852

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 27, 2012, the Plaintiff, a company that manufactures and sells cosmetics, delegated the Plaintiff’s sales of the Plaintiff’s goods to Defendant B, and Defendant B, the Plaintiff, who is in the position of the proprietor of the business bureau, and the Defendant B entered into a sales delegation agreement with the Plaintiff on the goods delegated to him/her (hereinafter “instant sales delegation agreement”). The Defendant B entered into a sales delegation agreement with the Plaintiff on the goods entrusted to him/her, in return for having the sales salesperson belonging to himself/herself enter into a sales contract with the Plaintiff.

(2) The instant sales delegation contract was concluded with the Plaintiff’s pre-printed and printed in the same text, using a form of sales delegation contract to be used each time the Plaintiff entered into a contract with the Plaintiff. The main contents are as follows: ① Free Employment Income earner, who is registered in the relevant business state, shall enter into a sales contract with the Plaintiff on behalf of the Plaintiff, and thereby, shall receive the fees determined by the Plaintiff, and all the expenses incurred for the performance of the sales delegation contract shall be borne by the Plaintiff.

Article 3 (Obligation to Observe Acts and Subordinate Statutes and Provisions of the plaintiff) (4) During the contract period with the plaintiff, any manager may not engage in a business for the sale of the same kind of product or work for another business entity (including an individual or a corporation) for the sale of the same kind of product.

Article 11 (Liability for Damages) (3) If, in violation of the provisions of paragraph (4) of Article 3, the Manager has terminated the contract with the Plaintiff by engaging in a business for the purpose of selling the same kind of product during the contract or working on behalf of another enterprise for the purpose of selling the same kind of product, he shall compensate the Plaintiff for the following amount:

1. The office equipment, fixtures, sales equipment and other expendable goods that the Plaintiff provided to the manager without compensation.

유사 판례

-수원지방법원 2017.01.20 2016가단514318

-서울동부지방법원 2018.01.31 2017가합101872

-수원지방법원 2015.11.17 2014가단538310

-의정부지방법원 2018.11.14 2016가단120854

-서울중앙지방법원 2015.10.16 2014가합534539