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(영문) 서울중앙지방법원 2020.07.24 2019나59754
반품대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. A. Around March 2016, the Plaintiff entered into a “goods transaction contract” (hereinafter “instant contract”) with the Defendant with the content that the Plaintiff would purchase the Defendant’s goods (cosmetic and related goods) during the contract period and sell them to consumers in the trade name of “C” (hereinafter “instant contract”).

(A) Article 8 (Conditions of Return). (Conditions of Return) The plaintiff may demand the return of the goods supplied by the defendant in any of the following cases:

① In a case where the Plaintiff returned the goods from the consumers and returned the goods due to the defect in the goods, the goods in question, which were returned by the Plaintiff while taking the measures for refund, are found to have the quality defect in the event that the goods are found to have not been immediately discovered in the course of taking the goods, ③ other goods in question, where there are reasonable grounds corresponding to paragraph (1), ② the goods returned by the Defendant under Article 13 (Disposal of Inventory) shall be divided into the goods in question and non-specified goods according to the standards as mutually agreed between the Plaintiff and the Defendant, and at the price mutually agreed between the Plaintiff and the Defendant, the goods shall be appropriated for the Defendant’s claims in the order and manner

Article 16 (Cancellation of Contracts and Exercise of Security Rights) (5) In cases where a contract is terminated or terminated, the plaintiff and the defendant shall settle the accounts immediately, and pay the balance of the settlement to the other party in cash within one month after the settlement is completed.

B. Articles 8 (Return Terms), 13 (Handling of Inventory Goods), and 16 (Cancellation of Contracts and Exercise of Security Rights) of the instant contract provide for the following:

C. The Plaintiff, according to the instant contract, purchased the Defendant’s goods and carried on the business in the name of “C”, and as the sales have decreased rapidly, the Plaintiff notified the Defendant of the termination of the instant contract contract around September 20, 2018.

The plaintiff is currently listed in the attached list.

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