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(영문) 부산지방법원동부지원 2014.07.25 2012가합4915
물품대금 등
Text

1. On July 11, 2012, the Defendant (Counterclaim Defendant) filed against the Plaintiff (Counterclaim Defendant) for KRW 74,558,018 and KRW 72,751,844 among them.

Reasons

1. Basic facts

A. (1) Around 2011, the Plaintiff, a company operating clothing, miscellaneous retail business, etc., planned to open 22 overseas miscellaneous clothing and miscellaneous miscellaneous miscellaneous miscellaneous miscellaneous shops on the 3rd floor of D shop located in Busan Shipping Daegu (hereinafter “Eullet”) and recruited a special agreement shop for some of them.

(2) On May 17, 2011, the Defendant entered into a special agreement between the Plaintiff and the Plaintiff to sell Berberry products, a U.K. brand (hereinafter “instant agreement”).

(hereinafter referred to as the “instant store”) b.

(1) The contents of the instant contract are as follows: (a) the Plaintiff comprehensively manages the whole of the pertinent Guide, and takes charge of the education, advertisement, and promotion of the employees of the instant store; and (b) the Defendant receives interior cost, business support fee, and product cost, etc. in return for the supply of the goods to the instant store. The main contents of the instant contract are as follows.

Article 1 [Purpose of the Contract] The purpose of this Agreement is to manage and operate a miscellaneous set for importation, miscellaneous, etc. (hereinafter referred to as “products”) for a special contract-based business operator, and to revitalize E-let shops in compliance with this Agreement in good faith and to maximize mutual interests and to revitalize mutual profits by making mutual reliance on mutual trust in selling goods supplied by the management headquarters to consumers.

Article 2 [Status of Contract Party Positions] (1) The management headquarters and the special contract-based business operator shall conclude a contract for this case as an independent business operator between themselves.

(2) The management headquarters shall be the relationship between the supplier and the person who is supplied with the special agreement.

Article 7 (Effective Date of Contracts and Period of Contract) This Agreement shall begin on the date of this Agreement.

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