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(영문) 의정부지방법원 2018.09.19 2017가합558
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 93,852,535 and the interest rate of KRW 15% per annum from April 16, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of manufacturing mountain clothing and products, wholesale and retail business, etc.

B. On September 1, 2013, the Plaintiff entered into a sales agency contract with the Defendant under which the Defendant sells the Plaintiff’s mountain clothes and supplies and the Plaintiff would pay the sales agency fee to the Defendant (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 1 (Purpose) The purpose of this Agreement is to pursue common interests by mutual trust and cooperation in selling the products of Party A (referring to “Plaintiff”) to Party B (referring to “Defendant”).

Article 3 (Supply of Goods) (1) The goods shall be supplied to B in accordance with the plans for sales and distribution of A in consideration of the defendant's sales capacity, marketability, etc.

(2) Eul shall, upon receipt of goods supplied by Gap, conduct an inspection without delay, and where any difference in the quantity or defects is found at the time of inspection, it shall be immediately notified to Gap, and where no notice is given within three days after the arrival of the goods, it shall be deemed that there

Article 4 (Return of Goods) (1) In principle, goods supplied shall be returned at the time determined by A, but may be returned from time to time with the prior approval of A when a separate reason arises.

Provided, That where the defect occurred in the course of management by Eul and sales by Eul is the fault of Eul, Eul shall compensate for the damage to Eul.

(2) A may demand return from B in order to maintain an efficient sales circuit and adequate inventory, and the defendant shall faithfully implement it.

Article 8 (Fees/teinology/Deposit/Contract Deposit/ Penalty) ① normal clothing (14%) , event 14%) and supplies (12%) fees shall be paid to B on the 15th day following the end of the month following the end of the month.

(3) The deposit shall be set at five thousand won, and Eul shall be deposited with interest-free interest, and it shall be deposited with a passbook in the name of Tong A by the date on which the contract is concluded.

(5) Eul shall bear the expenses of clothes 500.

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