(영문) 서울서부지방법원 2017.02.09 2014가단35054

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(영문) 서울서부지방법원 2017.02.09 2014가단35054

판매대금정산

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 6, 2013, the Plaintiff entered into an agreement with the Defendant on the transaction of services and commodities with the content of selling agency services through home shopping channels, Internet shopping channels, and carpets media (hereinafter “instant agreement”) consisting of the Plaintiff’s literary cluster, electronic books, and DNA books produced by the Plaintiff (hereinafter “instant goods”).

B. From November 19, 2013, the Defendant rendered a sales agency for the instant product through the Home shopping, and accordingly, sales details and deductions are as listed below. The Defendant paid KRW 326,274,260 to the Plaintiff with the payment for the Home shopping sales and KRW 3,568,50 to the Plaintiff.

C. Article 3(6) of the instant arrangement provides that “When the broadcast is carried out under the Defendant’s code for the purpose of discount, etc. of the Defendant’s marketing fees in the sale via the home shopping mall, the Plaintiff and the Defendant shall settle the case by means of a product transaction as listed in each of the following subparagraphs. A. The Plaintiff supplies the goods to the Defendant, and pays distribution fees, other incidental expenses, and marketing agency fees to the Defendant. (b) The Defendant shall pay the sales proceeds of the goods settled by the home shopping mall to the Plaintiff, and pay the distribution fees and other incidental expenses to the home shopping

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 and 2, the court's inquiry and reply to the fact-finding regarding C/O shopping, the purport of the whole pleadings

2. The Plaintiff’s second home shopping, which corresponds to December 2013, among the sales of this case through the Plaintiff’s home shopping, agreed to share 50% of the revenue and expenses by the Plaintiff and the Defendant, unlike the first and third home shopping. The Plaintiff and the Defendant agreed to share 130,971,000 won, which is 50% of the sales of the second home shopping, and 160,489,450 won, which is 50% of the actual expenses, 320,978,900 won, and 160,489,450 won, which is 50% of the sales of this case’s instant goods, are the shares of each Defendant. As such, the Defendant calculated sales from the above expenses, 29,518,450 won = 160,489,450 won-130,130,97

유사 판례

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