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(영문) 서울중앙지방법원 2018.02.09 2016가합560242
손해배상(기)
Text

1. The Defendant: 60,316,717 won to Plaintiff A and 6% per annum from October 20, 2016 to February 9, 2018; and

Reasons

1. Facts of recognition;

A. On March 31, 2015, the Defendant: (a) as a company that manufactures and sells new shoes and clothing supplies, etc. with the trade name of “D”; (b) merged F and G Co., Ltd. (which are separate from the Defendant) on March 31, 2015, and changed its trade name as at the present.

(hereinafter referred to as the “Defendant,” regardless of whether it was before or after the merger and trade name change.

Plaintiff

On August 31, 2013, Plaintiff A and the Defendant entered into an interim management sales consignment contract (hereinafter “instant 1 contract”) with KRW 20,000,000, with the term of contract on August 31, 2013, and with the amount of transaction deposit as KRW 20,000, which was entrusted by the Defendant at H points and sold D’s clothes, etc. entrusted by the Defendant, and entered into an interim management sales consignment contract

(1) The term of the contract under this Agreement shall be one year from the date of the conclusion of the contract.

2) This contract is automatically extended on an annual basis, except where one of the parties requests the expiration or modification of the contract not later than 30 days prior to the expiration of the contract term. The definitions of terms used in this contract are as follows: (i) Entrusted Products: The terms used in this contract refers to D Products sold by the Plaintiff upon entrustment of sale to the Defendant by the Plaintiff; (ii) the items of “entrusted Products” are classified into normal products, activation (for a year), events (for a year), and activation (for a year), and the classification of the consigned Products shall be determined by the Defendant.

Article 5 (Entrusted Products) 1) Ownership of consigned Products provided by the Defendant to the Plaintiff A is the Defendant. Article 8 (Shipment, Inventory Management, Return) The Plaintiff A may return to the Defendant any consigned Products not sold.

(hereinafter omitted) A’s inventory of consigned products that appear in the computer after the completion of 10 return shall be deemed to be law in the sales failure or management of the Plaintiff A, and the Defendant shall deal with the goods collectively, and the Plaintiff A shall be the Defendant.

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