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(영문) 서울중앙지방법원 2016.04.22 2015나51738
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs a wholesale and retail business in the name of “B” and the Defendant is a company that runs a book and retail business.

B. Around December 2005, the Plaintiff entered into a regional total sales contract (hereinafter “instant contract”) with the Defendant to supply the publication issued by the Plaintiff to the Defendant.

I refer to "A", and refer to "B", and enter into a regional sales agency contract for publications published 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 sales area of “B” shall be the area of Jeju-do.

5. “B” shall make every effort to manage regional guns and bookstores in order to achieve the sales objectives assigned by “A”.

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 “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 their transactions, complete the return and completion of the adjustment within three months by either “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.

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

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