(영문) 서울서부지방법원 2015.06.16 2013가단242565

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(영문) 서울서부지방법원 2015.06.16 2013가단242565

보상 청구 등의 소

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1. The defendant shall pay to the plaintiff A KRW 5,517,618, and KRW 3,993,080 to the plaintiff B, and each of them shall be repaid from June 16, 2015.

Reasons

1. Basic facts

A. The Defendant, who manufactures, sells, or lends equipment for long-term care and insurance for the aged, concluded a transfer contract with the Plaintiff during the period from August 201 to July 5, 2013, and between August 17, 201 to July 5, 2013 (hereinafter “each of the instant contracts”) with the Plaintiff and agreed as follows.

Article 1 (Basic Business Relationship) The Defendant supplies the goods to the Plaintiffs, indicating that the Plaintiffs are agents for the Defendant’s sale and rental business, and the Plaintiffs act for the Defendant to sell and lend the goods supplied by the Defendant

Article 2 (Duties of Plaintiffs) The Plaintiffs have the following obligations:

(1) Article 3 (Business Sectors and Goods) (2) of the FAX Transmission to the department in charge of the order by preparing a written order for the goods ordered by consumers, and the Defendant and the Plaintiffs separately agree on the terms and conditions of the supply of the goods dealt with, and the Plaintiffs shall not handle any goods other than the Defendant’s goods

Article 4 (Term of Contract) (1) The term of contract shall be one year from the date of conclusion of the contract.

② The Defendant and the Plaintiffs are deemed to have been automatically extended for one year, unless they notify the other party of the refusal of renewal or of the change in the terms and conditions in writing two months prior to the expiration date of the contract period.

Article 5 (Sales/Lease Fees) (1) Sales and rental fees shall be separately agreed between the defendant and the plaintiffs by item.

(2) Sales and rental fees shall be paid to the Plaintiffs at the end of each month by the end of the following month.

(Provided, That 3.3% of the total fees shall be paid after deducting the amount of withholding. (1) The defendant may terminate this contract by giving written notice in any of the following cases:

1. Where the plaintiffs have failed to correct the violation of their business policies, publicity policies, or sales price, even though they have received a demand for correction at least twice from the defendant;

2. The plaintiffs spread publicly false facts.

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