(영문) 서울중앙지방법원 2018.09.18 2017가단5137494

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(영문) 서울중앙지방법원 2018.09.18 2017가단5137494

퇴직금 청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In order to sell sports clothing produced by the Defendant, the Defendant: (a) purchased clothing products on credit from the Defendant from the Defendant and sold them at the department store; and (b) entered into a purchase transaction agreement with the department store that sets the remainder after deducting the commission from the sales revenue from the sales revenue; (c) concluded an agreement with the Defendant’s partner (the employees of the Defendant or the human resources employed by the Defendant) so that the Defendant may be engaged in the sales and management of goods supplied by the Defendant.

B. On July 1, 2009, the Plaintiff entered into a TPPM contract (hereinafter “instant contract”) with the Defendant to operate a store in the Defendant’s welfare store in the non-party department store, sell the Defendant’s goods, and collect a certain percentage of commission fees from the Defendant for sales performance (hereinafter “fee”). From that time, the Plaintiff performed its duties as a sales manager who sells the goods within the said store, and completed the sales business on March 18, 2016.

C. The key contents of the contract that the Plaintiff entered into and prepared with the Defendant are as follows.

Article 4 (Rights and Obligations)

1. “TPPM” shall be sold and calculated in the name of “Addas” (hereinafter referred to as “goods”) provided by “Addas” to “TPSM” in the name of “Addas” at the place of business.

In addition, the "TPPM" bears all the responsibility for the management of the goods and the places of business of the "Adddas" provided by the "Addas", and the "TPSM" should sell only the goods and products provided by the "Addas" at the place of business.

7. The term “TPPM” shall be a consignment service provider, and the term “TPPM” shall comply with the rules on the operation and management of the department store (where it is not a department store, buildings in which the place of business is located) in which the business is located;

8. “TPPM” shall be:

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