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(영문) 서울고등법원 2018.07.13 2017나2000276
손해배상 및 부당이득금반환 청구의 소
Text

1. The judgment of the first instance court, including the claim that the plaintiffs changed in the trial court, shall be modified as follows.

Plaintiff .

Reasons

Basic Facts

E and the defendant J Co., Ltd. (hereinafter referred to as the "J". When referred to as the "defendants, etc.") enter into a basic contract on consignment transactions between E and the defendant, etc., are the large franchise and retail business operators under Article 2 subparagraph 1 of the Large Franchise and Retail Business Act, which sell goods used by consumers after being supplied by many business operators, and whose sales of retail business in the immediately preceding business year are at least 1,00

Article 2 (Definition of Terms) The definitions of terms used in this Agreement shall have the following meanings:

1. The term "unfair trust transaction" means a transaction in which Party A (Defendant, etc.) sells goods supplied by Party B (E) under the name of Party A and pays Party B the sales amount after deducting a certain rate of sales or a certain amount of fee after selling such goods;

Article 3 (Basic Principles) (2) In performing this contract, Gap and Eul shall comply with the provisions of relevant Acts and subordinate statutes, such as the Act on Fair Transactions in Large Franchise and Retail Business and the Enforcement Decree thereof.

Article 12 (Dispatch, etc. of Promotional Staff Members) (1) A shall not receive dispatched staff members from B to have them engage in the sales business, etc. thereof.

Provided, That the same shall not apply to cases falling under any of the following subparagraphs:

1. Dispatching staff members of any Eul who have special sales techniques or marketing ability;

2. Where a person who requests Eul to dispatch his/her staff members to Eul bears ordinary expenses, such as personnel expenses.

3. Where an employee is voluntarily dispatched because he/she considers that it is directly beneficial to B in order to publicize new products and increase sales of B. In such cases, upon entering into a written agreement, B shall submit to A the detailed details of expected profits and expenses incurred in relation to the dispatch of the employee and the grounds for calculation thereof.

(2) In cases falling under the proviso to paragraph (1), B shall be dispatched to the promotional personnel within the scope of (2) and (6) The expenses for personnel expenses, etc. for the promotional personnel dispatched under paragraph (2).

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