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(영문) 서울동부지방법원 2016.03.30 2015나4827
정산금등
Text

1. Of the judgment of the first instance court, KRW 1,960,700 against the Plaintiff and its related thereto, from January 16, 2015 to March 30, 2016.

Reasons

1. Basic facts

A. On November 1, 2013, the Plaintiff entered into a contract with the Defendant on the part of the Seogn F&D Co., Ltd. (hereinafter “Smart F&D”), and agreed on the Defendant to terminate the above agency contract on September 26, 2014 when supplying middle and high school uniforms with the trademark “SMAT” attached to the Defendant. On the same day, the Plaintiff and the Defendant entered into the same termination agreement (A evidence 1; hereinafter “instant termination agreement”).

[Agreement on Termination of Agency Contract] Article 5 (Principles on Transfer and Acquisition of Inventory Products owned by Defendant and Title Purchasing Samples)

2. The following reduction rates shall apply to transferable products, excluding design modified products or inferior products, etc.:

(1) 1. Pison Pison product: (2) 50% Pison Pison product: (3) 50% Pison product; (3) 100% Pison product; for example, 200% Pison product; 1.0% Pison product; 2014 product.

Article 9 (Removal of Various Smart Private Objects, etc.)

2. The Defendant shall compensate the Plaintiff for the equipment, facilities, advertisements, etc. installed at the expense of the Plaintiff or smart EFW based on the balance in the account books of the Plaintiff or smart EFD.

B. On October 17, 2014, the Plaintiff and the Defendant entered into a transfer contract with respect to the management of the goods prior to the 1st Pison owned by the Defendant (hereinafter “instant transfer contract”) as follows.

【Contract on Transfer (Evidence No. 3)】

1. The Plaintiff is to accept the Defendant’s product within December 16, 2014 at the latest.

The inspection and examination of the products owned by the defendant are completed and deposited in accordance with Article 4 below.

3. The reduction rate of the price of the product shall be in accordance with Article 2(3) of the Agreement on the Termination of this case, and other products shall be in accordance with Article 5(2).

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