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(영문) 대구지방법원 2018.07.04 2018나300430
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The Plaintiff (Counterclaim Defendant) is charged with KRW 30,000,000 to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who runs the business of selling clothes, paintings, etc. (hereinafter “instant goods”) bearing trademarks, such as “C”, “D”, and “E,” under the trade name of “F”.

B. On September 17, 2014, when the Plaintiff supplied the instant goods to the Defendant, the Plaintiff entered into a consignment contract with the Defendant, which sells the goods as an agent owner and a consignee, at the off-line store (hereinafter “instant contract”).

The main contents are as follows:

Article 2 (Contract Term) From September 17, 2014 to September 16, 2016, and the extension of contract term shall be subject to separate agreements and contracts on a two-year basis.

Article 3 (Payment and Progress of Sales Price)

1. As to the actual sales of the goods sold in the store, the defendant shall calculate the sales of the goods for each share and transfer the proceeds excluding fees to the plaintiff by no later than the daily day of each week.

Provided, That the defendant shall report the fact that the entrusted goods are sold to the plaintiff at the time of transfer.

2. The reduction rate for the sale of goods shall be 30% to 50% on a basis.

Article 4 (Shipment and Return of Goods)

1. The delivery of goods is to be made out by adjusting the amount of supply in consideration of the defendant's order.

Article 5 (Types of Entrusted Goods and Penalty)

1. Goods entrusted by the Plaintiff to the Defendant shall be designated by the Plaintiff.

Only clothing, miscellaneous, precious metals, etc. shall be applicable.

2. When the Defendant finds out the sale of goods that have not been consulted with the Plaintiff in the course of engaging in business through a contract for the sale of consigned goods, he/she shall pay a penalty for the sales of the relevant goods.

Detailed matters shall be governed by a special agreement at the bottom.

Article 10 (Matters of Special Agreement)

(a) Contract term;

2. When the Defendant wishes to terminate the contract prior to the termination of the contract due to the Defendant’s reason, the Plaintiff must be notified of the termination four months prior to the termination of the contract, and the replacement of the consigned goods is fully borne by the Defendant due to the Plaintiff’s supply price

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