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(영문) 서울중앙지방법원 2015.06.04 2014가합590775
보증금반환
Text

1. The Defendant (Counterclaim Plaintiff) B and the Defendant C jointly and severally liable for KRW 55,507,000 to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant Company is a company aimed at manufacturing medical appliances, such as small health assistive devices, etc., and Defendant C is registered as the husband of the representative director D of the Defendant Company, and as an internal director in the corporate register of the Defendant Company.

B. On October 15, 2013, the Plaintiff entered into a soup contract between the Defendant Company and the Plaintiff to exclusively purchase and sell the soup period produced by the Defendant Company (hereinafter “instant contract”). The Defendant C sells the total sales under the bottom of the instant contract to the Defendant Company’s column under the lower part of the contract.

Article 4 (Duties of Total Sales System)

1. The total sales shall not be less than the minimum sales volume separately determined;

5. The team shall make every effort to educate salespersons belonging to the team;

Article 6 (Prohibition of Discount Sales) The total sales shall not be sold at an unreasonably discounted discount without the consent of the defendant company.

In addition, agencies recognized by the General Sales Board and other sales clerks belong to them.

Article 7 (Delivery of Goods)

1.The Board shall pay to the Defendant Company the full amount of the cost of the goods at least 100 sets(100) per time (100) of the quantity of the goods in need of the order of the good and shall place an order in advance.

2. The Defendant Company shall, upon receiving an order of the total board, deliver the order to the total board within 15 days from the date of the order.

3. The Defendant Company shall provide 100% of the total sales volume to be ordered and sold.

Article 9 (Payment of Price) In principle, the total sales shall be deposited in advance at the time of placing an order for goods.

Provided, That if it is necessary to adjust the deposit conditions, it may be adjusted in consultation with the defendant company.

Article 11 (Cancellation of Contract) In cases falling under any of the following subparagraphs, the total sales contract may be terminated:

1. Where the terms of this contract are violated;

3. Where the minimum sales volume are below the minimum sales volume: Provided, That the terms and conditions of termination of the contract shall be applicable;

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