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Reasons
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(영문) 서울중앙지방법원 2014.07.25 2014가합2353
정산금
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1. The Defendant’s KRW 373,286,683 and its portion

(a) As regards KRW 66,674,683, December 4, 2013:

(b) 93,200.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are corporations engaged in wholesale and retail business of cosmetics.

B. On March 25, 2013, the Plaintiff invested KRW 500 million in the “C” product (hereinafter “instant product”) that the Defendant imported and sold to home shopping, and entered into an investment contract with the Defendant to distribute part of the sales revenue of the instant product (hereinafter “instant contract”). The main contents are as follows.

3. Distribution of investments.

(a) The home shopping store of the product of this case (three) shall be 79,000 won, and the dividends therefrom shall be 4,000 won (including value-added tax).

(b) change in exchange rate or selling price, sale price increase in articles, change in composition products, royalties payment due to disputes arising by trademark rights, profits arising from freight rates (marine or air) and the rate of distribution in the event of loss shall be adjusted in consultation with the plaintiff and the defendant.

The dividend date shall be the end of the month and shall be deposited in the head of the Tong designated by the plaintiff immediately after obtaining the approval from the home shopping company in the following month.

5. The period of investment shall be until the home shopping sales is finished.

6. Cancellation of a contract;

B. When a problem arises due to inevitable circumstances, the Defendant and the Plaintiff may terminate the contract through mutual consultation.

C. The Plaintiff paid KRW 500 million to the Defendant around the date of the above contract.

From March 2013, the Defendant entered into a contract for sales of each of the instant products with Korea Home Shopping Co., Ltd. (hereinafter “GS Home Shopping”) around June 2013, and sells the instant products through Home Shopping and GS Home Shopping. From around that time, the Defendant: (a) around March 2013, sold the instant products through Home Shopping and Home Shopping.

The defendant deducts fees, etc. for slot shopping, GS home shopping from sales proceeds.

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