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(영문) 서울중앙지방법원 2015.12.18 2015가합529619
판매수수료
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) On March 1, 2008, Plaintiff A sells the Defendant’s “C” goods located in the Defendant and Seoul High-dong area (hereinafter “instant store”)

(2) On January 2012, 2012, Plaintiff A established Plaintiff B Co., Ltd. (hereinafter “Plaintiff”) that is practically a company of Plaintiff A (hereinafter “Plaintiff”), and the Plaintiff entered into a consignment contract with the Defendant on February 1, 2012 and operated the instant store by no later than August 31, 2013, stating that “the Plaintiff shall operate the instant store and sell the Defendant’s goods, and pay a certain percentage of commission fees for the monthly sales performance (hereinafter “fee”).” The Plaintiff entered into a consignment contract with the Defendant on August 31, 2013.

(hereinafter referred to as the “instant consignment contract”). B.

From September 2009, the Defendant issued a one-time card to purchase the Defendant’s goods at the discounted price to the Defendant’s executives and employees from September 2009.

The executive officers and employees of the defendant and his/her family members may purchase the defendant's goods at a price at which 50% of the normal price is discounted compared to the payment of the payment from a store available for the daily card (hereinafter referred to as "daily card store").

C. From September 2009 to August 2013, the Defendant paid fees set at the rate of 16.8% for the portion of sales sold at normal prices to the Plaintiffs from around September 2009 to around August 2013, and fees set at the rate of 7% for the portion of sales in which the single card was used (hereinafter “the single card sales”).

[Ground of recognition] Gap evidence 1-1-4, Gap evidence 2-1, 2-2, Gap evidence 5, Eul evidence 1-3

2. The parties' assertion

A. The plaintiff's assertion is at the time of the consignment contract of this case.

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