(영문) 서울중앙지방법원 2017.10.31 2017가합506023

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(영문) 서울중앙지방법원 2017.10.31 2017가합506023

약정금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Under the agreement, the Defendant and the Plaintiff enter into an agreement on the following matters in selling the Defendant’s goods using Home T&B shopping.

Article 2 (Scope of Services)

1. The defendant’s business - All all the measures and responsibilities necessary for the production, quality assurance, consumer delivery, and A/S of supplied goods;

2. Plaintiff’s business - Determination, advertisement, publicity, receipt of consumer orders and settlement of consumer prices for sales agency goods - online shipment of goods settled by consumers.

Article 5 (Methods of Settlement of Payments)

1. The plaintiff may claim a sales commission for the goods sold under this contract to the defendant.

2. The defendant calculates the sales agency fee from the 1st of each month to the end of each month and notifies the plaintiff, and the plaintiff claims the payment by issuing the tax invoice to the defendant by the 10th of the following month, and the defendant shall pay the sales agency fee in cash

Article 6 (Fees for Sales Agency, etc.)

1. The Defendant may determine the sales agency fee in the following manner when the Plaintiff sells the goods in The Home T& shopping:

The plaintiff's sales agency fee shall be 2% at the time of the composition of a single product (in the case of selling only a single product), and it shall be 3% at the time of complex composition (in the case of selling multiple products together), from the sales amount.

B. The Defendant and the Plaintiff may change the sales agency fee through mutual consultation.

Article 7 (Term of Contract)

1. The term of this Convention is from February 1, 2014 to January 31, 2015.

2.At least 30 days prior to the termination of this Convention, an automatic extension shall be made on the same condition that one of the parties does not notify the other party of his or her opposing intent.

Article 9 (Amendment of Contracts) If the defendant and the plaintiff intend to modify or modify the terms of this Agreement, they may modify or modify only through written agreement.

Article 10 (Termination of Contracts)

1. The defendant or the plaintiff may terminate this contract immediately in any of the following cases:

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