약정수수료
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
1. The court's explanation on this part of the facts of recognition is the same as the reasons stated in Paragraph 1 of the judgment of the court of first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The instant agreement entered into between the Plaintiff and the Defendant is a juristic act under the condition of rescission that the Defendant would not transport the cargo of the Han River. Since the Defendant refused to enter into a transport contract with the Han River on or around August 2014, thereby fulfilling the conditions of rescission contrary to the good faith and good faith, the Plaintiff may assert that the said conditions of rescission were not fulfilled.
Preliminaryly, the instant agreement is a juristic act under which the Defendant’s condition of suspending the continuous transport of the cargo of the Han River. Since the Defendant refused to conclude a transport contract with the Han River on or around August 2014, thereby hindering the fulfillment of the condition of suspension contrary to the good faith, the Plaintiff may assert that the said condition of suspension was fulfilled.
Therefore, the Plaintiff may file a claim against the Defendant for the payment of the commission under the instant agreement. If the Defendant had maintained a transport contract with the Hannan Island from September 2014 to June 2015, the Plaintiff could be paid the transport fee as shown in attached Form 2 of the calculation table of the contract fee. Accordingly, the commission to be paid to the Plaintiff under the instant agreement is as described in the foregoing item IV of the calculation statement. Therefore, the Defendant is obligated to pay the Plaintiff the amount as stated in the above item (4) and the delay damages for the said amount as agreed fee.
B. The Defendant’s assertion is not a conditional legal act, but the Defendant merely did not conclude a new contract after the termination of the existing transport contract with the Hannishland. Thus, this cannot be deemed as a failure to fulfill the conditions of rescission or to interfere with the fulfillment of the conditions of suspension against the good faith.
3. Determination.