(영문) 서울중앙지방법원 2016.04.29 2015나34870

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) 서울중앙지방법원 2016.04.29 2015나34870

물품대금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in wholesale and retail business of publications with the trade name of “C”, and the Defendant is a person who engages in retail business of publications with the trade name of “E” in “E” at the same time.

B. In around 2007, the Plaintiff and the Defendant concluded a regional total sales contract under which the Plaintiff would supply publications to the “E” operated by the Defendant (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 2 (Obligation) “A” shall not delegate any right of sale due to sale, business agency, or sales agency to a person other than “B (Defendant)”, and “B” shall have the following obligations:

5. “B” shall do its best to the management of regional guns and stores in order to achieve the sales objectives assigned by “A” and shall not return more than 30 per cent of the total delivery volume at the time of return of annual settlement of accounts.

Article 4 (Entrusted Goods Management) “B” shall perform the duties of a manager in the management of publications entrusted by “A”, and shall not be stained when returning un sold publications to “A”, and the amount in excess of 30% of the total delivery quantity shall be borne by “B” and “B” shall be responsible for the storage and management of the consigned materials.

Article 5 (Return of Entrusted Articles)

1. The return of consigned goods shall be notified to “A” in consultation between “A” and “B” in accordance with the current status of sale.

2. “A” and “B” shall, upon the termination of the transaction, complete the return and acceptance-out relationship within one month between “A” and “B”.

3. Where the sale of a new, short, etc. is poor, "A" and "B" agree to determine the period of sale as the test date for each item, and settle it after full return within the notification date for each item, and in extenuating circumstances, re-return may be made within 30 days after the return processing period, and any loss resulting from nonperformance after the lapse of 30 days shall be borne by B;

Article 8 (Term of Contract)

유사 판례

-서울서부지방법원 2016.04.07 2015나5310

-서울서부지방법원 2016.04.07 2015나5099

-서울중앙지방법원 2016.01.13 2015나1177

-춘천지방법원강릉지원 2016.06.07 2015나2116

-서울중앙지방법원 2015.07.23 2015나21829