(영문) 서울남부지방법원 2019.03.21 2018나54550

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(영문) 서울남부지방법원 2019.03.21 2018나54550

정산금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that sells, imports, manufactures, strens, etc. products, such as E brand clothing, etc.

B. On September 2016, the Defendant entered into an agency contract with the Plaintiff with the content that it would operate an agency of Ysansan (hereinafter “instant agency contract”).

The agency contract of this case contains the following contents:

Article 4 (Conditions for Transactions) (1) The closing of the agency for the goods supplied by Gap (Plaintiff, hereinafter the same shall apply) shall be 33% of the average price and 33% of the event.

(2) Eul (the defendant; hereinafter the same shall apply) shall sell the goods of Gap and pay the price to Gap as follows:

Terms and conditions of deposits entrusted: Article 5 (Security Conditions) (1) of the Act shall be provided to A for real estate security, cash security, KRW 10 million prior to the establishment of a store to the following week from every Saturday to Sundays.

Article 17 (Acceptance of Goods) (1) If there is any defect in the quality, quantity, and amount immediately after acquiring the goods from A, B shall notify A of them within two days from the date of acceptance, and be subject to mediation and adjustment.

In the absence of the notification within the fixed period (five days), it shall be deemed that it has been accepted without any delay, and it shall not be reconvened into future defect issues.

(2) The supply of a good shall be conducted under the responsibility of A, and the return of the good shall be made under the responsibility of B, and the expenses therefor shall be included in each part.

Article 18 (Management of Goods, etc.) (3) The settlement of accounts of all kinds of inventory conducted between A and B shall be made by applying the first tags and the present average price per day.

Article 19 (Deposit of Proceeds from Goods) (1) The term "amount to be paid" shall be deposited into the bank account of A in respect of the sales of gold owners (from a Saturday to Sundays) by the following week.

(2) The term "amount to be paid" means the value of goods returned to B from the value of goods supplied to B by A.

유사 판례

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-서울중앙지방법원 2017.01.13 2016가합534700

-서울중앙지방법원 2014.07.04 2013가합79639

-서울중앙지방법원 2019.12.03 2018가단5141827

-의정부지방법원 2018.09.19 2017가합558