logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.12.02 2014가단241777
채무부존재확인 등
Text

1. The Plaintiff (Counterclaim Defendant)’s obligation to pay the goods to the Defendant (Counterclaim Plaintiff) based on the sales agency contract dated July 12, 2012.

Reasons

1. Facts of recognition;

A. The plaintiff is a merchant engaged in the clothing sales business, and the defendant is a company engaged in the clothing manufacturing and wholesale and retail business.

B. On July 12, 2012, the Plaintiff entered into a sales agency contract with the Defendant (hereinafter “instant contract”) with the effect that (i) the Plaintiff supplied inventory goods, such as clothing, etc. manufactured by the Defendant in 2008 and 2009, and sold them to the consumers; (ii) the Plaintiff acquired an amount equivalent to 30% of the sales amount as a fee; (iii) the remainder remaining after deducting the said commission shall be paid to the Defendant; and (iv) the remaining inventory goods shall be returned to the Defendant (hereinafter “instant contract”).

C. In the sales industry of goods, such as clothes and shoes, the estimated sales price at the time of the first release of the goods shall be “TAG”; the price at which the goods are sold to the actual consumer at a discounted rate from “TAG”; and the price at which the goods are sold to the actual consumer at a discounted rate from “TAG”; and the price at which the goods are sold after deducting the margin of the seller from “actual prices,” shall be “ upon delivery.”

(2) In this case, the sales price, which forms the basis for the fees to be acquired by the Plaintiff, refers to the price of the goods supplied by the Defendant to the Plaintiff, that is, the price of the goods to be paid by the Defendant to the Plaintiff, refers to the price of the goods to be paid by the Plaintiff.

Under the instant contract, the Plaintiff paid to the Defendant the remainder calculated by subtracting 30% of the sales price (on-site sales price) from the sales price (on-site sales price) on three occasions as follows:

1) The first sale of KRW 7,119,971 from August 6, 2012 to October 10, 2012, and the remainder of KRW 4,983,980,00, which remains after subtracting 30% of the commission from October 5, 2012, shall be paid to the Defendant) the second sale of KRW 9,860,578 from October 12, 2012 to January 18, 2013, and the remainder of KRW 6,902,405, which remains after subtracting 30% of the commission, out of which was paid to the Defendant on January 29, 2013, shall be sold at KRW 3,903,163,200, and the remainder after subtracting 30% of the commission; and

arrow