(영문) 수원지방법원 2017.01.20 2016가단514318

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(영문) 수원지방법원 2017.01.20 2016가단514318

손해배상(기)

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1. The Defendant’s KRW 957,800 as well as the Plaintiff’s annual rate from February 1, 2016 to January 20, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a stock company that runs the business of selling cosmetics, etc., and the Defendant is a seller of cosmetics.

B. On March 1, 2013, the Plaintiff concluded a sales delegation agreement with the Defendant (hereinafter “instant sales delegation agreement”) and concluded a contract with the Plaintiff (see the following terms and conditions clause with respect to the definition of the seller). The contract was concluded by the Defendant in a way that the Defendant sent the form of “sales delegation agreement” prepared by the Plaintiff from the Plaintiff to enter into the same contract with a large number of managers via the Internet or facsimile, and then again submitted the Defendant’s signature to the Plaintiff in the form of the contract.

C. The above contract provides for the liability of the manager for damages, etc. as follows.

Article 2 (Status and Recognition of Rights)

1.To authorize a person who is a free vocational income earner and is not registered in that service country to enter into a sales contract on behalf of the Company and thereby to pay the fees determined by the Company, and all the expenses incurred in the performance of this contract shall be borne by the Manager.

2. The manager shall be responsible for the interest of all activities related to the sale of goods, such as promotion of sales of goods by the salespersons registered in the subordinate business State, transaction of goods with customers, transaction of goods with customers, collection of money, ex post facto customer management, and marketing activities of sellers;

3. Every manager may recruit salespersons at his responsibility and expense;

A company may enter into a contract for sales delegation with the source of sales recruited by the manager.

4. To the sales clerks under his command, he shall have the authority to request the company to appoint them to the higher class, to appoint them to the lower class, to appoint them to the lower class, and to request the company to cancel contracts concluded between the company and the sales clerks in accordance with the rules determined by the company;

5.Nices shall whatever name such as an agreement, agreement, agreement, and note with a third party.

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