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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
Reasons
1. Basic facts
A. A. A party relationship and transaction method 1) The Plaintiff is a person running a wholesale and retail business of bridged products with the trade name of “D,” and the Defendant is the Plaintiff’s salesperson from around 2003. 2) The Plaintiff supplied goods from Sam- Food Co., Ltd. and supplied goods to the customer (retail stores) through the Defendant’s sales division and through the Defendant’s sales division, and issued a tax invoice from the customer. In substance, the Plaintiff supplied the goods from the Plaintiff and supplied the goods to the customer he has secured.
3) Sales clerks are unique business transaction code (the Defendant’s business transaction code is “I”) assigned by the Plaintiff.
(4) After receiving the price of the goods from the customer, the salesperson immediately pays the price of the goods to the Plaintiff, or settle the sales incentive to be received from the Plaintiff as of the end of each month, and the price of the goods to be paid to the Plaintiff.
B. The Plaintiff prepared several documents containing the same provision as indicated in the table of Paragraph 2 below in advance and demanded several salespersons including the Defendant to sign the document at the place of delivery on January 20, 2014. The Defendant signed the letter, but some salespersons rejected.
2) Accordingly, a letter of undertaking drawn up between the Plaintiff and the Defendant (hereinafter “instant letter of undertaking”) and the agreement between the parties thereto is deemed to be “instant letter of undertaking.”
The main contents of this undertaking are as follows. This undertaking sets forth and promises overall in maintaining the continuous transactional relationship between the Plaintiff (supplier of goods) and the Defendant (beneficiary of goods) with respect to the supply of goods:
Paragraph 1 shall be supplied to the defendant even if the cost of securing goods is excessive.