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(영문) 수원지방법원 2018.05.01 2017가합17408

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company with the domicile in Hong Kong and engaged in consulting business, and the Defendant is a company with the objective of manufacturing semiconductor equipment and automation equipment.

B. On September 1, 2013, the Plaintiff and C concluded an overseas contract consulting contract with the Defendant (hereinafter “instant contract”).

Article 1 (Purpose) The purpose of this Agreement is to select the Plaintiff and C as a specialized consulting agency for the overseas sale of optical reproductive facilities, which are products produced by the Defendant, and thereby to regulate the matters to deal with all of the contracts related to overseas orders and sales for the Defendant's goods.

Article 2 (Consultation) The defendant shall request the following consultation to the plaintiff, C, and the plaintiff, C shall perform the relevant affairs in good faith:

1. Conclusion of a contract for overseas orders and exports of the Defendant’s mine reproduction facilities;

2. Article 3 (Matters Requiring Consultation) of the defendant's overseas publicity of his/her optical reproductive facilities.

2. Upon entering into all contracts, the Plaintiff and C must report to the Defendant in advance the pertinent matters and shall proceed with the contract that reflects the overall description of the major contract terms and appropriate answers or relevant matters of the Defendant.

4. The conclusion of a final contract must be made by the Defendant directly in the presence of the Plaintiff and C, and the Plaintiff and C cannot directly conclude a contract with a third party on behalf of the Defendant.

Article 4 (Consultation Fees) The defendant shall pay 5% of the total amount of contracts entered into by the plaintiff and C to the plaintiff and C as agency fees, and the settlement terms shall be paid to the plaintiff and C as the same conditions in accordance with the settlement terms of the ordering agency after receiving contracts.

Article 5 (Term of Contract)

1. This Agreement is from September 1, 2013 to August 31, 2014.

2. The contract shall be concluded unless one of the parties has expressed in writing his/her intention to terminate the contract to the other party one month prior to the expiration of the period under paragraph (1).