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(영문) 서울중앙지방법원 2020.09.14 2019가단5223542
기타(금전)
Text

The defendant is about KRW 30,00,000 to the plaintiff A, KRW 20,000 to the plaintiff B, and KRW 20,000,00 to the plaintiff C and each of the above money.

Reasons

1. Basic facts

A. The Defendant is a company running food wholesale, retail, and retail sales business. The Plaintiffs are the Plaintiffs, respectively, and the Defendant and the Defendant operate the store in the F department store on commission of the Plaintiffs with the trademark of “G” at the F department store branches, etc., but the Defendant shall pay the Plaintiffs the value of the raw and secondary materials supplied by the Defendant from the sales amount of the store, the trademark fees, and the department store fees, respectively, after deducting the value of the raw and secondary materials supplied by the Defendant from the sales amount of the store. The Plaintiffs entered into a sales commission contract with the contents that the Defendant shall pay the Defendant the money in

On the other hand, each of the above contracts includes the agreement that the defendant would return the premium to each of the plaintiff and terminate the contract when the sale price is difficult or reserved.

1) On January 24, 2019, Plaintiff A entered into a sales consignment operation agreement with the Defendant on the premium of KRW 30 million with respect to the stores on the first floor underground of the F department store Gangnam Point: (a) on the same day; and (b) on January 24, 2019, Plaintiff B paid KRW 15 million to the Defendant each on the same day; (c) on January 24, 2019, Plaintiff B entered into a sales consignment operation agreement with the Defendant setting the premium of KRW 20 million with respect to the stores on the first floor below the F department store store store; and (d) on the same day, Plaintiff B paid each of the Defendant via the spouse’s bank account.

3 On February 19, 2019, Plaintiff C entered into a contract for sales consignment operation with the Defendant on the premium of KRW 20 million for stores on the first floor below the head office of F department stores, setting the premium of KRW 10 million on the same day, and paid KRW 10 million on the same day and KRW 10 million on the 22th day of the same month to the Defendant, respectively.

B. However, the Defendant failed to store “G” trademarks under each of the above sales consignment operation agreements to F department stores, and around April 2019, the Plaintiffs mentioned the termination of each of the above contracts to the Plaintiffs on the 21st day of the same month.

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