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(영문) 서울고등법원 2015.10.16 2014나28703
손해배상(기)등
Text

1.The judgment of the first instance shall be modified as follows:

The Plaintiff

A. The defendant (Appointed) is composed of KRW 119,064,950 and its importance.

Reasons

1. Basic facts

A. On May 21, 2001, the Defendant entered into a sales agency contract of this case and joint and several sureties 1) with the Plaintiff’s employees who manufactured and sold drugs, sold drugs to the customer’s pharmacy and collected the payment thereof. On May 22, 2006, the Defendant entered into a sales agency contract with the Plaintiff on July 1, 2006, as follows. At that time, the designated parties B and the Defendant’s attached F et al. who were the Defendant’s spouse at that time entered into the sales agency contract with the Plaintiff, Article 1 (Purpose of Contract) A (hereinafter the same shall apply) of the sales agency contract with the Defendant’s employees.

Section B (Defendant, hereinafter the same shall apply).

A) Acting as an agent for sale, B shall be selected and sold, and sold, and shall be responsible for all business activities that manage balance and inventory. In this case, A’s goodwill shall be guaranteed under Article 7. The term of validity of this Agreement shall be for one year from July 1, 2006 to one month from the date of completion of the contract, and shall be automatically extended for one year unless a party raises an objection in writing by one month prior to the date of completion of the contract: Provided, That if the average monthly transaction record for six months after the commencement of the transaction is less than 15 million won, A may establish a new agency for the discontinuance of the supply of products, the termination of the contract, or the establishment of a new agency for the sales management of the balance and inventory. Article 4 (Supply of Products) (The price of the goods) shall be determined within six (6) days from the date of the sale of the goods after the delivery of the goods to A.

Provided, That where it is inevitable to return it after mutual consultation, the total amount of return shall be calculated from the revenue of the same month.

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