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(영문) 대전지방법원천안지원 2014.07.04 2013가합1245

약정금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is a company established for the purpose of electric cable manufacturing business, electric material sales business, etc. The Plaintiff B is the representative director of Plaintiff A, and the Defendant is a company established for the purpose of electric cable manufacturing business, vessel parts manufacturing business, etc.

B. On April 29, 2005, the Plaintiff and the Defendant entered into a goods supply contract with the terms that the Defendant would sell the ship-use cables, etc. manufactured by the Defendant to Plaintiff A (hereinafter “instant 1 contract”). The main contents are as follows.

Article 2 (Scope of Contract) The defendant is responsible for, and production and supply of, ship cables and products as a manufacturing company, and the plaintiff A is responsible for business and sale as a selling company.

Article 13 (Term of Contract) The term of validity of this contract shall be valid, and shall be extended on an annual basis unless written notice of refusal to renew the contract or to extend the contract is given one month prior to the expiration of the term of contract.

C. On the same day, the Plaintiff and the Defendant entered into a special agreement on the supply unit price and fee related to the instant 1 contract, and the main text thereof.

Details are as follows:

The unit cost and fees for the supply of the defendant and the plaintiff A shall be determined as follows:

Plaintiff

A) In the event that the contract was entered into by the Plaintiff A under the same price condition as that of the other company, the Defendant supplies the goods to 95% of the contract price. (b) If the Defendant entered into the contract, the Plaintiff A provides business support to the Defendant so that the Defendant can directly enter into the contract, the Defendant shall pay 4% of the contract price to the Plaintiff.

2) In this case, the Plaintiff A shall supply goods, on-site management, etc.

(a).

2.5% of the sales amount shall be paid to the representative director A, in the case of sale under the condition.

Provided, That the annual sales amount shall be limited to not less than 10 billion won as of May 1, 2005, and shall not exceed 10 billion won.