(영문) 서울중앙지방법원 2016.01.13 2015나1177

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(영문) 서울중앙지방법원 2016.01.13 2015나1177

물품대금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs a wholesale and retail business in the trade name of “C,” and the Defendant is a person who runs a book and retail business in the trade name of “D.”

B. On September 20, 2008, the Plaintiff entered into a regional general sales contract (hereinafter “instant contract”) with the Defendant to supply the publication of the Plaintiff’s publication to the Defendant. The key contents are as follows.

Article 1(Purpose) “A” (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply) shall perform duties smoothly and promote mutual benefits by having “B” (the Defendant refers to the Defendant; hereinafter the same shall apply) perform duties of distribution, sale, management and collection on behalf of others in order to expand the dissemination of publications issued by “A” (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply).

Article 2 (Duties) “A” shall not delegate a sales right due to sales and business agency services to any person other than “B”, and “B” shall have the following obligations:

5. “B” shall do its best to the management of regional guns and stores in order to achieve the sales objectives assigned by “A” and shall not return more than 30 per cent of the total delivery volume at the time of return of annual settlement of accounts.

Article 4 (Entrusted Goods Management) “B” shall perform the duties of a manager in the management of publications entrusted by “A”, and shall not be stained when returning un sold publications to “A”, and the amount in excess of 30% of the total delivery quantity shall be borne by “B” and “B” shall be responsible for the storage and management of the consigned materials.

Article 5 (Return of Entrusted Articles)

1. The return of consigned goods shall be notified to “A” in consultation between “A” and “B” in accordance with the current status of sale.

2. “A” and “B” shall, upon the termination of their transactions, complete the return and completion of the adjustment within three months by either “A” and “B”.

3. If the sale of a new, short, etc. is poor, the period of sale shall be determined by mutual agreement between "A" and "B" and shall be one year for each item and treated as return.

§ 6.

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