(영문) 서울중앙지방법원 2016.05.27 2016나17735

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.05.27 2016나17735

매매대금 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff runs a documentary wholesale and retail business with the trade name of “C”, and the Defendant runs a documentary retail business with the trade name of “D.”

B. Around 2005, the Plaintiff entered into a regional general sales contract (hereinafter “instant contract”) with the Defendant with the content of entrusting the Defendant with the regional sales agency business for the publication issued by the Plaintiff.

The details of the return, sales proceeds, and contract term of the instant contract are as follows.

Article 5 (Return of Entrusted Articles)

1. The return of consigned goods shall be notified to “A” in consultation between “A” and “B” (Defendant) according to the current status of sale.

2. “A” and “B” shall complete the relationship between “A” and “B” within three months upon the termination of the transaction.

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.

Article 6 (Payment and Management of Sales Price)

1. “A” shall supply “B” publications consigned to “B” at a fixed price (70 per month, 60-65 per cent).

2. “B” shall settle the sales proceeds of the publications entrusted by “A” at the end of each month.

3.The prior settlement of “B” includes sales proceeds.

4. “A” publications shall be classified into three categories: monthly, simple and reference books; and shall be settled on the last day of each month in the case of a short and reference text, at the last day of each month;

5. In the case of a single and reference text, the number of copies per item shall be determined on the basis of the first number of copies of delivery and for the addition of “B” beyond the standard, “B” shall pay the price to the bank account of “A”.

6. As for the sales proceeds of publications, “A” shall issue an invoice to “B” and “B” shall issue an invoice for the office points managed by “B”.

Article 8 (Term of Contract)

유사 판례

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