(영문) 서울중앙지방법원 2015.11.17 2015나12627

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(영문) 서울중앙지방법원 2015.11.17 2015나12627

물품대금

Text

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

Reasons

Basic Facts

The plaintiff is a person who runs a wholesale and retail business in the name of "C", and the defendant is a person who runs a wholesale and retail business in the name of "D".

On October 30, 2007, the Plaintiff and the Defendant concluded the following regional general sales contract (hereinafter “instant contract”) with the content that the Plaintiff will supply the books issued by the Plaintiff to the Defendant.

C The plaintiff refers to "A", and D defendant refers to "B", and enters into a regional sales agency contract for publications issued by "A".

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:

3. The selling area of “B” shall be determined by the old-ri and south-ri.

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 the transaction, complete the return and acceptance-out relationship within three months between “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.

Article 6 (Payment and Management of Sales Price)

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

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