(영문) 서울중앙지방법원 2015.06.30 2014나51359

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(영문) 서울중앙지방법원 2015.06.30 2014나51359

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

The first instance court.

Reasons

1. Basic facts

A. On November 8, 2007, the Plaintiff entered into a local total sales contract with the Defendant and the Plaintiff’s publication (hereinafter “instant contract”).

The main contents thereof are as follows:

Article 1 (Purpose) In order to expand the dissemination of publications issued by Gap (Plaintiffs; hereinafter the same shall apply) (hereinafter the same shall apply), Gap (Plaintiffs are referred to as the "Defendants"; hereinafter the same shall apply) shall perform as a proxy the tasks of distribution, sale, management, and collection, and shall promote smooth performance of the tasks and mutual benefits.

Article 2 (Duties) A shall not delegate to any person other than B the rights of sale, business agency, or sales agency, and B shall have the following obligations:

5.B shall make every effort to manage regional total markets and stores in order to achieve the sales objectives assigned by A, and shall not return at the end of each year more than 30 per cent of the total delivery volume when returning annual accounts.

Article 4 (Entrusted Property Management) B shall perform the duties of a manager in the management of publications entrusted by A, and the unlisted publications shall not be stained when returning them to A, and the amount in excess of 30% of the total delivery quantity shall be borne by B and Eul shall be responsible for the storage and management of the consigned materials.

Article 6 (Payment and Management of Sales Price)

2. B shall settle accounts for sales proceeds of the publications entrusted by A at the end of each month;

4. A’s publications shall be classified into three categories: monthly, simple, and reference, and shall be settled and traded on the last day of each month, and in the case of short works and reference, it shall be settled on the last day of each month; and

Article 8 (Term of Contract) The term of this Agreement shall be one year from the date of the contract, and if both parties express their intent, it shall be deemed to be automatically extended.

B. The Defendant’s remaining publication price obligations against the Plaintiff as of October 13, 2009 was KRW 2,292,825, as of October 13, 2009.

After that, the plaintiff on October 27, 2009.

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