(영문) 수원지방법원 2017.03.21 2015가단131907

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(영문) 수원지방법원 2017.03.21 2015가단131907

기타(금전)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant was established on November 27, 2014 by investing a total of KRW 20,000,000 in C, D, and E, each of KRW 5,000,000, F, 4,800,000, G, and H, each of KRW 100,000,000.

B. Of the Defendant’s members, H is the representative of the Plaintiff Company, and G is the wife of H.

C. The Plaintiff and the Defendant entered into a marketing agency contract (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 1 (Purpose) ① The purpose of this Agreement is to sell the Defendant’s goods or services entrusted to the Plaintiff and sell them to customers under certain conditions through off-line stores (including overseas) and online sunset (e-commerces) operated by the Plaintiff, and to set the principles and conditions on the Defendant’s global-fra marketing activities.

Article 3 (Scope of Work) (1) The plaintiff shall take charge of marketing, business, logistics delivery, etc. of the defendant's goods.

(2) The defendant shall take charge of product designs, domestic production, out-of-production, etc.

(3) The plaintiff shall assist the defendant in performing his/her duties smoothly.

Article 4 (Distribution of Sales and Sharing of Expenses) (1) The plaintiff and the defendant shall distribute sales to 50:50, and bear the expenses of each person in the shares allocated.

(2) The plaintiff and the defendant bear the distribution expense (logistics fees, logistics personnel expenses, and selective distribution expenses) at 50:50, and the plaintiff shall provide the defendant with the settlement data for the distribution expense.

③ The Plaintiff and the Defendant shall settle the sales performance and costs of the current month and deposit them to the Plaintiff on the last day of the following month.

[Reasons for Recognition] Unsatisfy, Entry B in Evidence Nos. 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is liable to pay the plaintiff's total amount of KRW 49,679,950 and delay damages for the goods and services provided to the defendant as follows:

(1) A complex, a complex.

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