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(영문) 인천지방법원 부천지원 2021.02.24 2020가단130874

약정금

Text

1. The defendant is 5% per annum from November 25, 2019 to October 14, 2020 to the plaintiff.

Reasons

In fact, on November 11, 2019, the Plaintiff entered into an agreement with the Defendant that the Defendant would pay KRW 30 million to the Plaintiff at the time of placing an order with C and products (hereinafter “instant agreement”).

The Plaintiff introduced D Co., Ltd. (hereinafter referred to as “D”) to the Defendant that promptly supplies the paper to C, and the Defendant entered into a supply contract with D as soon as possible between D on November 25, 2019 (from November 25, 2019 to December 30, 2021).

With the Defendant on December 27, 2019, the Plaintiff entered into an agreement on the marketing of the Plaintiff’s consulting business so that the Defendant can promptly supply the paper to C via D, and that the paper supplied through the agreement is promptly 0.2 won per unit as of June 2020 when the Defendant makes a profit by settling accounts at the end of the end of June 2020, the Plaintiff does not pay any loss to the Plaintiff as of July 2020, and if the profits were incurred by the Defendant, the sales activities are not paid to the Plaintiff. In the event of the monthly payment of the promotional expenses, the Plaintiff entered into the agreement on the external marketing (the evidence No. 17; hereinafter “instant marketing agreement”).

The content of the marketing contract of this case is indicated as follows: (a) consulting with the Plaintiff on the business so that the Defendant can promptly supply the paper to C (D Delivery); (b) the Plaintiff is well managed with D and genetic management so that the Defendant can continue to supply the paper; and (c) providing all information, ideas, etc. to the Defendant; and (d) improving the product to be continuously supplied by the Defendant in consultation with the Plaintiff.

From November 25, 2019 to March 2020, the Defendant supplied the paper promptly to D, and terminated the supply contract with D as soon as possible March 27, 2020.

[Grounds for recognition] The plaintiff's claim as to the facts without dispute, Gap 1, 16, and 17's each statement of evidence, and the grounds for a claim as to the whole purport of the pleading. The plaintiff introduced D to the defendant for delivery to C, and therefore, it is in accordance with the agreement of this case.