(영문) 서울동부지방법원 2019.06.20 2017가합1842

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(영문) 서울동부지방법원 2019.06.20 2017가합1842

물품대금

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1. The Defendant’s KRW 206,330,438 as well as 5% per annum from August 2, 2017 to June 20, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the business of processing and selling livestock products, and the Defendant is a company that engages in importing and wholesale and retail business, such as food.

B. On June 9, 2016, the Plaintiff entered into a contract with the Defendant under which the Plaintiff transferred food materials of 8,186 boxes, such as freezing panty, rice panty, vegetable water, and monthly Ssamnam Scenic (hereinafter “instant goods”), which the Plaintiff imported and stored in the warehouse (hereinafter “instant goods”), and transferred the right to receive the instant goods to the Defendant around that time.

C. The Plaintiff is entrusted with the sale of the instant goods by the Defendant, and on the same day, entered into a sales agency contract with the Defendant (hereinafter “instant sales agency contract”) with the following contents.

Article 3 (Method of Agency)

1. A [Defendant] shall conduct the smooth supply and demand of products and the stable supply of products to customers.

2.B [Plaintiff] shall be entrusted to sell Party A’s products and shall receive sales agency fees agreed with Party A and B in return for the processing of new transactional exploitation, transactional management and customer services.

Article 5 (Methods of Receiving Fees for Goods) In principle, the collection of proceeds from the sale of goods shall be carried out by Section B, and deposited into Section A's passbook.

Provided, That if damage is incurred to A due to the process of recovering the sales price of products, Eul shall compensate for the total amount of the loss, and due to this, it shall not raise an objection even if preservative measures are taken on the property and representative of Eul, and the property of joint and several sureties.

Article 6 (Sales Commissions)

1. Sales commission shall be determined by this agreement with Gap;

2. The commission for sales by proxy of Eul shall be the remaining amount of the total sales less all the expenses (the total revenue cost A).

3. “A” means 11% of the total sales from customs clearance fees (customs clearance fees, quarantine expenses, warehouse fees), interest expenses, and other fees;

Article 7 (Settlement of Sales Commissions and Time of Payment)

유사 판례

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