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(영문) 서울고등법원 2019.12.18 2019나2006001
손해배상(기)
Text

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. In the first instance court, the Plaintiff sought reimbursement of KRW 30,760,972 for damages equivalent to fees and KRW 120,852,930 for the premium for the first instance court. Accordingly, the first instance court dismissed the claim for damages equivalent to fees and accepted the claim for the premium for the first instance court's own interest.

Since only the defendant appealed against this part of the lost part, the subject of this Court's judgment is limited to the claim for the premium for the first generation.

2. The reasoning of the judgment that the court shall explain in this part of the basic facts is as stated in the judgment of the court of first instance, except for the corresponding part among the judgment of the court of first instance as follows. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Article 2 (Sales Agency Goods) The plaintiff shall add the following contents to the four parts below the lower end of the second page: the hospital delivery C (including ampample, ample, etc. for the treatment) currently produced by the defendant.

The sales agency for the defendant's additional products shall proceed under mutual agreement.

Article 6 (Entrustment Service Fee) (1) In the event that the hospital supply is less than 30% of the sales amount, 40% of the sales amount shall be paid.

(2) Fees shall be paid 30% of the sales if the hospital supply rate does not exceed 30% of the sales rate for the home care for sale.

(3) Where a buyer returns goods among the goods sold by the Plaintiff, the sales proceeds of the goods shall be deducted from the sales proceeds of the goods per month.

(5) The terms and conditions of payment of fees shall be 100% settlement conditions within three months from the following month of the relevant month in which the delivery of goods is made, and where the amount of payment is less than 50% within three months, the relevant transaction partner shall deal with such products under separate consultation.

In addition, the unpaid portion for not less than six months shall be the following month of the month in which normal settlement is made after deducting the fee for entrusted duties from the fee for the relevant month.

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