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(영문) 서울중앙지방법원 2016.10.28 2014가합576304
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 4 through 6, 8, 1, 4-1, 4-2, 1, and 4-2, with a comprehensive view to the purport of the entire pleadings:

A. The Defendant operates a cosmetic sales store in each place, which is a company for the purpose of manufacturing and selling cosmetics.

B. On October 29, 2012, the Defendant concluded a contract on the entrustment of business affairs with Nonparty-based Linking INC (hereinafter “Nonindicted Company”) as follows:

(hereinafter referred to as “instant entrustment contract agreement”. Details of entrusted duties: A contract period of 3% (excluding value-added tax) of the sales revenue of new open stores and mobile stores: from November 1, 2012 to October 31, 2015.

According to the instant contract for entrustment, the non-party company was able to perform the duties of coordination and consultation with B in relation to the change of the location of the store operated by the Defendant in the “B” (hereinafter “instant store”). D.

The defendant is the non-party company.

The commission fee was paid from January 2013 to June 2014 in accordance with the terms and conditions stipulated in the instant contract for entrustment of business affairs and consultation, and the payment was suspended thereafter.

E. The Defendant’s establishment of a new store, other than the instant store, or adjustment and consultation related to the relocation of the existing or existing store sites, were not performed by the non-party company.

F. Meanwhile, around September 15, 2014, the non-party company transferred a consignment fee claim under the instant entrustment contract to the Defendant. On the same day, the non-party company notified the Defendant of the transfer thereof and reached the 16th of the same month.

G. On October 7, 2014, the Defendant rendered the instant case to the non-party company in accordance with Article 689(1) of the Civil Act.

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