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(영문) 대전지방법원 2016.12.07 2014가단201138
손해배상(기)
Text

1. The Defendant’s KRW 48,328,282 as well as the Plaintiff’s annual rate from September 30, 2013 to December 7, 2016.

Reasons

1. Facts of recognition;

A. On July 9, 2010, the Plaintiff and the Defendant concluded a sales service contract (hereinafter “instant contract”) containing the following terms and conditions.

(1) Handling goods: Only the goods supplied by the Plaintiff “Ondon temperature”.

(2) Places of business and the defendant's position: The defendant's place of business shall be designated as B, and the defendant shall be the head of the BWn place at the same time

(3) Security: The defendant shall deposit KRW 5,000,000 as security for transaction under this contract with the plaintiff, and may preferentially repay the balance of the defendant's debt when the debt is settled after the completion of the transaction.

(4) Sales report: The defendant shall immediately enter the details of sales on the day into the Nowon-North Korea system and then enter all matters concerning the sales in the same industry, return of stores, and transfer between locations after the closing of sales in the same industry.

The defendant shall transmit the inventory status of the end of each month to the plaintiff immediately after computerized input in accordance with the POS system set by the plaintiff.

Where the amount exceeds the amount (goods loss, LOSS) as a result of the normal inventory inspection, the defendant shall, without any condition, pay the price in cash on the basis of 70% of the consumer's price.

(5) Sales price: The defendant shall conduct regular sales in accordance with the retail price determined by the plaintiff, and shall not sell at a discount or increase without the plaintiff's consent in any case.

(6) Sales commission: The amount of sales commission shall be 13% per normal, planning, and equal.

(7) Ex post facto processing: The realization of the defendant's product loss upon expiration or termination of the contract period shall be treated as a deduction from the payment of cash or fees to the plaintiff on the basis of 70% of the consumer's deposit in cash or fee.

Where the Defendant’s obligation remains in the Plaintiff, the Defendant shall immediately pay the Plaintiff in cash on the basis of 70% of the consumer’s debt.

(8) Contract term: From July 9, 2010 to January 8, 2011, the contract term shall be six months, and the contract term shall be cancelled in writing or orally by both parties or orally by 30 days before or after the expiration date of the contract.

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