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(영문) 서울동부지방법원 2020.05.01 2019가단152525

청구이의

Text

1. No. 724, May 24, 2018, signed by the Defendant’s notary public against the Plaintiffs, No. 724.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a company aimed at manufacturing and selling sanitary articles, and Defendant B is the representative director of the Plaintiff Company.

B. As the Plaintiff Company has a certain influence as a broadcaster, it is representative of the Defendant’s proposal that the Plaintiff’s publicity and marketing on the Egypt (hereinafter “the instant product”) sold by the Plaintiff would be helpful for the business, and sales by attaching the Defendant’s photograph and name to the instant product.

On May 4, 2018, the Defendant entered into an advisory agreement on the instant product (hereinafter “instant agreement”) with the Defendant, and the main contents are as follows.

Article 3 (Period of Contract for Product Consultation and Termination) The term of this Agreement shall be 12 months from the date of the first contract.

If the instant product becomes a full sale before the contract term expires, the contract is terminated regardless of the period.

Article 4 (Expenses for Product Consultation and Payment Methods) A (referring to the Plaintiff Company) and B (referring to the Defendant) shall be as follows:

(1)

A. The royalty for Defendant brand, which is 50,000 won per unit of the instant product, shall be 300 won per unit and 2% of the total sales.

(b) Lyyalian using Defendant brand: 300 won ¡¿ 50,000 = 15,000 = 150,000 (Additional Tax Map 50,000) contract deposit and 1.5 million won, which is 10% per annum, shall be paid within three days;

C. The remaining 13.5 million won shall be deposited in respect of sales at the rate of 2% of the royalty and the total sales.

② The amount of the above agreed terms and conditions is the amount calculated by dividing 1,125,000 won by 13,50,000 won on the 20th day of each month.

Two percent (excluding value-added tax) of sales in the division shall be paid.

(5) In cases where Article 4 is not implemented with respect to product consulting expenses and payment methods, 13,500,000 won shall be paid immediately.

The provisions of Article 4 are as follows.