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(영문) 서울중앙지방법원 2017.04.13 2016가합519657
수수료 등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 19, 2012 and January 11, 2013, Plaintiff A entered into each of the instant consignment sales contracts with each of the Defendant and each of the Defendant’s direct sales stores on April 26, 2013 (hereinafter “each of the instant consignment sales contracts”). From around that time, Plaintiff A entered into a consignment sales contract for each of the instant consignment sales stores with each of the Defendant (hereinafter “each of the instant consignment sales contracts”). From that time, Plaintiff A directly operated and D, and Plaintiff B directly operated and managed E stores and F Points. The main contents are as follows.

Upon entering into the above consignment transaction contract, the Defendant, who is the supplier of the product, shall be referred to as “A” and the trustee agency shall be referred to as “B” and the consignment agency contract between “A” and “B” (hereinafter referred to as “interim management”) shall be entered into as follows.

Article 2 (Form of Transaction) The direct sales outlet “A” implements the business in the form of intermediate management, and the “B” shall pay the total sales amount generated from the business results and pay fees according to the mutual consultation procedure.

Article 3 (Term of Contract)

1.The term of validity of this contract shall expire from the date of conclusion of the contract.

2. It shall be 28.0

Article 7 (Compulsory Provisions) The obligations and rights between "A" and "B" shall become effective at the same time as this Agreement is entered into, with respect to the matters to be basically required to be fulfilled by "B" in connection with the interim management contract.

2. The responsibility for the inventory management of goods and the responsibility for inventory LOSS (LOSS repayment responsibility) shall be borne by “B” according to the criteria set forth by “A” from the sales price at the base point of time for inventory inspection (LOSS repayment liability).

Provided, That the method of repayment shall be determined by "A".

3. Responsibilities for customer management and store management, Article 12;

1. “B” must pay the full amount of the daily sales price, excluding the card sales price, to “A” by the designated method.

Article 13 (Payment of Sales Commissions)

1. “A” and “B” shall determine the sales commission as follows:

2. The classification of commissions for the sale of clothing shall be completed.

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