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(영문) 서울중앙지방법원 2017.05.17 2016가합524963
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 79,984,180 to the Plaintiff (Counterclaim Defendant) and its related amount from May 24, 2016 to May 17, 2017.

Reasons

1. Basic facts

A. Since its establishment on December 9, 2011, the Defendant is a company operating several stores for the purpose of attracting customers, soliciting sales, and selling communications equipment wholesale and retail business entrusted by Nonparty SK Telecom Co., Ltd. (hereinafter “SK Telecom”), and the Plaintiff is a person employed at the Gangnam Headquarters of the Defendant on February 1, 2012 and engaged in attracting subscribers and selling terminals.

B. On August 1, 2014, the Plaintiff entered into a contract with the Defendant to be entrusted with the management of the SK Telecom Ecom store (hereinafter “F1 store”) located on the first floor in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant entrustment contract”).

Of the consignment contract (Evidence A) for the operation of the store at the time, the parts related to this case are as follows:

The term of validity of the instant consignment contract is from August 1, 2014 to August 31, 2016, and is automatically extended one year without any separate declaration of intent, such as termination of the contract and modification of the terms and conditions by one month prior to the expiration of the term (Article 2(1)). If the Plaintiff has no intent to renew the contract after the expiration of the term of contract, the store shall be returned to the Defendant as it is, and any right to the sales lease or business rights cannot be asserted.

(Article 2(4). The costs of interior interior medicine shall be borne by the Defendant.

(3) Article 3(3). The Plaintiff has all sales proceeds from the operation of the store (Article 5(1)); the Defendant shall pay the Plaintiff sales commission (Article 5(2)); the Defendant shall bear the sales cost, including personnel expenses and operating expenses (hereinafter “sales cost”).

(Article 5(4). The defendant shall settle the sales-related expenses by offsetting them against the sales proceeds to be paid to the plaintiff or by additionally receiving the excess from the plaintiff.

(Article 5(5)) According to the results of the Defendant’s representative’s personal examination, the instant consignment contract is sold “as stipulated in Article 5(1) of the instant consignment contract.”

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