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The part of the judgment of the court of first instance against the plaintiff corresponding to the order to pay below shall be revoked.
Defendant.
Reasons
1. Basic facts
A. The Plaintiff is a company with the purpose of clothes, shoes, retail business, etc., and Defendant B (hereinafter “Defendant Company”) is a company established on August 16, 2016 for the purpose of wholesale and retail business, trade business, etc. of various clothing products, and Defendant C is the representative director of the Defendant Company.
B. On August 27, 2016, the Plaintiff entered into a DNA agency contract (hereinafter “instant contract”) with the Defendant C, indicating himself as the representative of the “D Defendant Company’s brand name.” The Plaintiff refers to the Plaintiff of a merchant agent who sells the D trademark (hereinafter “goods”) which is the product of “A” and refers to D between the contracting parties.
Section B, referred to as “B”, shall enter into an agency contract as follows:
Article 1(Basic Contract) “A” shall supply goods to “B” in accordance with the terms and conditions of this Agreement, and “B” shall make every effort to sell the goods supplied, and shall comply with this Agreement.
Article 4 (Transaction Guarantee)
1. “B” shall provide “A” with 30,000,000 (VAT Map 30,000,000) which shall be deemed the basic product price.
2. “B” shall be paid as security deposit (as security deposit) to “A”.
3. The above two paragraphs shall provide “B” as soon as the contract is concluded to “A”.
Article 6 (Deposit Payments)
1. “B” shall pay to “A” in cash on the 10th day of each month, 20 days, and 30 days sales proceeds, excluding the prescribed sales fees.
(hereinafter omitted)
2. The ownership of the goods supplied by “A” is owned by “B” until “B” pays in full the price to “A” and “B” does not raise any objection to the ownership of the goods in any circumstances.
3.(Omission)The sales commission of "B" under Article 7 (Sales Fee) shall be established under the agreement between "A" and "B" as follows:
1. When normal prices are sold: marked on the 50% contract of the selling price.