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(영문) 서울중앙지방법원 2019.09.27 2018가단5213166
기타(금전)
Text

1. The Defendant’s KRW 75,094,073 as well as the Plaintiff’s KRW 15% per annum from November 19, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On January 25, 2018, the Plaintiff entered into a special contract for purchase and sale on the department store (hereinafter “purchase agreement of this case”) with C Co., Ltd. (hereinafter “C”) in order to operate Plaintiff brand (F/G) store at the Gangnam store located in Seocho-gu Seoul Metropolitan Government E department store located in Seocho-gu, Seoul, with the term of validity from February 1, 2018 to July 31, 2018.

The term "purchase transaction under a special contract" is a transaction under which a buyer purchases goods on credit from a supplier on a condition that he/she may return unsold goods among the goods he/she purchased, and pays a sales amount after subtracting sales profit at a certain rate or at a certain amount after selling the goods. The major contents of the purchase transaction under the special contract of this case are the buyer who holds ownership of the purchased goods and sells them in his/her name through the supplier.

(Article 1-2(1). The supplier shall establish and set sales prices for goods and support cooperation members to stores located in the buyer's store to conduct sales activities for goods and display and storage activities for goods in the store, inventory management, and collection of goods in consultation with the buyer.

(Article 1bisbis.2), the buyer shall have 33% of the sales proceeds of the good and shall have 67% of the remainder (Article VIII.1), and the buyer or the supplier shall determine the additional costs in proportion to the profits of the buyer and the supplier, if any.

(Paragraph 6 of article 8) is certain.

B. On March 13, 2018, the Defendant entered into a contract between the Plaintiff and the Plaintiff to sell goods at the above department stores and receive a certain percentage of commission fees for sales performance (hereinafter “instant entrustment contract”) on consignment management services for department stores (hereinafter “instant entrustment contract”), and thereafter, performed the business of selling goods at the above store from around that time.

In this case.

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