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(영문) 부산고등법원 2019.11.27 2018나56995

추심금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 505,698,642 and its payment from April 17, 2018.

Reasons

1. Facts of recognition;

A. On December 31, 2016, D Co., Ltd. (hereinafter “D”) entered into an exclusive agency contract with F Co., Ltd. (hereinafter “instant agency contract”) stating that D would sell accommodation tickets of the instant hotel exclusively at home and abroad and pay the remaining sales proceeds to F Co., Ltd. after deducting 3% sales commission and expenses from the sales proceeds of accommodation tickets.

The main contents of the instant agency contract are as follows.

[The instant agency contract] This contract is concluded on December 31, 2016 between F Co., Ltd. (hereinafter “A”) and D (hereinafter “B”).

Article 1(Definitions)(2) The term “goods” means the right to accommodation of the hotel of this case entrusted by A.

(4) The term "settlement amount" means the amount excluding taxes and public charges, expenses for sale, fees, and other alternative expenses paid for A, etc. from the sales proceeds of goods.

Article 2 (Permission of Exclusive Sales Right) (1) A shall designate B as the sole exclusive seller at home and abroad of the goods for sale of the goods under this Agreement, and B shall accept this.

Article 3 (Term of Contract) (1) The term of this Agreement shall be from December 31, 2016 to December 1, 2021.

Article 7 (Payment of Price) (1) After receiving the sale price of goods, Eul shall pay the settlement amount to the account to which A is designated after the settlement agreement between both parties.

(2) The sales commission of Eul shall be determined by 3% of the sales price of goods, and shall be subtracted from the settlement amount under paragraph (1).

B. On December 31, 2016, the Defendant concluded a “contract acceptance agreement” between D and D that the Defendant would be transferred from D the instant agency status under the instant contract.

C. D changed the trade name on January 31, 2017 to C (hereinafter “C”), and C was from F Co., Ltd. on February 9, 2017.