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(영문) 서울중앙지방법원 2015.08.20 2013가합74146
물품대금
Text

1. The remaining Defendants, other than Defendant L, shall be the money indicated in the attached Table 10, each of the cited amount, and each of the above.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “Bankruptcy Co., Ltd.”) produced and sold the brand clothing of “S” as a company established for the purpose of selling and selling clothes and various furnal products, consignment sales business, manufacturing and processing business, etc.

B. The Defendants entered into a special contract with the bankrupt company with the content that the Defendants, after having been supplied with clothing from the bankrupt company, sold at the agency, deducted the remainder from the sales proceeds from the commission, and paid to the bankrupt company (hereinafter “instant special contract”).

C. The main contents of the instant special agreement and the price settlement agreement based thereon are as follows.

The purpose of Article 1 (Purpose) of the instant Special Agreement is to provide for all matters necessary for supplying S products produced and sold by Gap (the bankruptcy company refers to the debtor; hereinafter the same shall apply) to Eul (the defendant; hereinafter the same shall apply) and selling them to consumers under the responsibility of Eul.

Article 2 (Relationship between A and B)

2. For the purpose of maintaining the reputation of trademarks for products supplied by Gap, Eul shall make the indication of special agreement points, attach propaganda materials, internal decorations, product display, etc. at Gap's responsibility and expenses under the conditions as requested by Gap;

Article 6 (Price of Products) The prices of products supplied to B by Party A shall be determined by consultation between Party A and Party B, establish a fair trade order for the prices sold to Party B, and encourage Party B to sell desired consumer prices so that Party B does not engage in any selling act or unfair wholesale act.

VII.(Payments and Sales Commissions)

1. Matters concerning the payment method, date, etc. of the price for products to be paid to A shall be separately determined by a consultation between A and B;

2.The fee for the portion of sale shall apply to the normal (TAG) rate in the case of the normal (TAG), % in the case of the third-day sale, %) in the case of the planning product, uniform products and carry-over products.

The above provisions are respectively.

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