(영문) 의정부지방법원 2015.09.02 2015가합585

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(영문) 의정부지방법원 2015.09.02 2015가합585

청구이의

Text

1. Certificates No. 226, 201, drawn up by the Defendant’s notary public against the Plaintiff on May 12, 201.

Reasons

1. Facts of recognition;

A. On June 30, 2010, the Defendant entered into an agency contract with C (hereinafter “C”) under which goods, such as shampoo, rinse, and taxation, are supplied and sold by C.

The plaintiff was in charge of supplying goods to the defendant from June 30, 2010 while working as the head of the sales division in charge of C's agency.

B. C concluded a contract with a new agent within the scope of 30% of the ex-factory price or allowed a new agent assistance to provide goods equivalent to the amount of the ex-factory price free of charge to a new agent for three months after concluding the contract. The Plaintiff also agreed to provide support to the Defendant who establishes a new agent of C as above.

However, C did not properly supply the free supply volume in lieu of the price discount to the Plaintiff, and accordingly, D, the representative director of the Defendant, urged the Plaintiff to provide the free supply volume as the Plaintiff failed to appropriately supply the free supply volume to the Defendant.

The plaintiff, who was responsible for the smooth management of the agency, supplied the goods supplied by C to another agency from around December 2010 to the defendant free of charge.

In this process, the Plaintiff consulted with the operator of another agency that should be supplied with the goods, but not reported to C, which is in violation of the provisions of C, and C was subject to heavy disciplinary action, such as dismissal of the business operator in charge when the business operator manipulates the amount of support or the price in violation of the above provisions of C.

C. From the end of March 2011, D had the Plaintiff supplied free of charge to the Defendant by reducing the volume of another agency in violation of the provisions of C, and raised an issue as to the method of issuing C’s tax invoice, and it would be well resolved that there would be no problem if there would be any problem.

No direct discount shall be made by the Company.

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