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(영문) 광주지방법원 2019.04.17 2018나57581
퇴직금 청구
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Basic facts

A. The Defendant is a company engaged in manufacturing, processing, wholesale and retail business of clothing, miscellaneous, and so on.

The Defendant supplied goods manufactured by the Defendant to a superstore operator, such as a department store, and pays the Defendant the remainder of the sales revenue after deducting the commission from the sales revenue, and the Defendant entered into a specific purchase contract for department stores (hereinafter referred to as “specific purchase contract”) with the content that the Defendant is to dispatch.

The main contents of a specific purchase contract entered into between the Defendant and a stock company C (hereinafter referred to as “department store”) on August 26, 2010 are as follows:

(A) Under the contract, the “buyer” shall be deemed to be the “department store” and the “supplier” shall be replaced by the “Defendant”). Article 6 (Dispatch of the Defendant’s Products) (1) In order to promote the sale of the Defendant’s Products, the Defendant shall dispatch the promotion fund staff to the store specified in Article 8 at the Defendant’s expense within the scope of the number of persons specified in the store, and separately hold a short-term special sale event (including the promotion of new goods delivery, halogday, carry-over sales, etc.) within the scope of 2 to 10 persons, taking into account the size of each event, additionally dispatch of the appropriate number of promotion fund members (including part-

(2) The period of secondment members shall be the effective period of this contract, and the working hours shall correspond to the working hours of department stores.

(5) The defendant, as the employer of promotional employees, shall perform the duty of employers prescribed by relevant Acts and subordinate statutes, such as the Labor Standards Act and Labor Relations Act, and the promotional employees shall comply with the sales management regulations and customer regulations of the department store while the promotional employees serve in the store of the department store.

Article 8 [Location and Number of Sales Promotion Members] 5 Gwangju Points 5, 3 Cooperation Members 18 [Agreement for Good Transactions] 3 Mutual Trust and Measures

1. Department stores and the Defendant.

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