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1. Of the judgment of the court of first instance, the defendant ordered the payment in excess of the money ordered below to be paid.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged in full view of the whole purport of the pleadings in the statements in Gap evidence Nos. 1 to 5, 7, and Eul evidence Nos. 1, 2, 6, 9, 11 (including paper numbers, hereinafter the same shall apply):
The plaintiff is a person who runs a wholesale and retail business in the name of "C", and the defendant is a person who runs a book wholesale business in the name of "D".
B. On January 12, 2007, the Plaintiff entered into a regional total sales contract (hereinafter “instant contract”) with the Defendant to supply the publication of the Plaintiff’s publication to D as follows:
I refer to "A" and refer to "B" and enter into a regional sales agency contract for publications issued by "A".
Article 1 (Purpose) In order to expand the dissemination of publications issued by “A”, “B” shall promote a smooth performance of duties and mutual benefits as well as smooth performance of duties by having “B” perform the duties of distribution, sale, management, and collection on behalf of others.
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:
1. “B” shall make every effort to achieve the number of sales targets assigned by “A”.
approximates
4.A shall be liable for damage to “B” in accordance with the terms and conditions agreed by both parties where “B” has suffered damage due to a problem arising in publications due to a cause attributable to “A”.
5. “B” shall do its best to the management of regional guns and stores in order to achieve the sales objectives assigned by “A” and shall not return more than 30 per cent of the total delivery volume at the time of return of annual settlement of accounts.
Article 4 (Entrusted Goods Management) “B” shall fulfill the duties of a manager in the management of publications entrusted by “A”, and return un sold publications to “A”.