약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a company that operates the business of attracting mobile phones, etc., and the Defendant is a company that operates the business of selling, leasing, installing, etc. the composite cable broadcasting and the equipment and devices for broadcasting and communications.
On January 1, 2014, the Plaintiff entered into a consignment agency contract (hereinafter “instant contract”) with the Defendant with the content that the Plaintiff is entrusted by the Defendant with the business of goods and services, customer management, and sales of related products, and that is to receive fees from the Defendant in return.
The details of the fee among the consignment agency contracts prepared under the instant contract (hereinafter “instant contract”) are as follows:
Article 3 (Scope of Entrusted Affairs)
3. The fees for each goods and service that can be handled by the entrusting agency shall be determined in a separate fee agreement.
Article 11 (Fees and Incentives)
1.(State)C may pay the commission agency fees in accordance with the separate annexed agreements, and the annexed agreements may be amended by agreement between the parties even during the term of the contract of this Agreement.
2.(State)C may pay a separate fee, other than the fees, in accordance with the sales policy of the “C”, to the entrusting agency, in addition to the fees, in accordance with paragraph 1. In such cases, the “C” shall determine and notify to the entrusting agency of whether or not payment is made, the standards, and the timing and methods.
3. The term "C" may support sales promotions, sales incentives, etc. for the performance of entrusted duties of a entrusting agency pursuant to the relevant business policy and other separate agreements;
B. On September 26, 2014, the Plaintiff entered into an annexed agreement with the Defendant regarding the payment of fees under the instant contract (hereinafter “instant annexed agreement”) (hereinafter “instant annexed agreement”).
The contents of Article 2 of the Annexed Agreement (hereinafter “the Annexed Agreement”) prepared in accordance with the above Annexed Agreement are as follows:
Article 2.