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(영문) 서울동부지방법원 2016.07.13 2014가합5775

수수료등

Text

1. The Plaintiff (Counterclaim Defendant) KRW 1,814,832,722 to the Defendant (Counterclaim Plaintiff) Co., Ltd. and KRW 1,393,089,419 among them.

Reasons

Basic Facts

On October 22, 2010, the Plaintiff is a company established for the purpose of food materials wholesale, retail, and logistics agency business on October 22, 2010, and D is its representative director, and the Defendant Company is a company established for the purpose of chain business and its incidental business, food agency business, etc. on March 26, 2008, and is the representative of the Defendant C as an internal director.

On March 28, 2011, the Plaintiff and the Defendant Company entered into a contract between the Plaintiff and the Defendant Company to pay fees for logistics and business management (hereinafter “instant contract”). The main contents are as follows.

Article 2. Products Handling

1. Under this Agreement, the goods to be supplied by the Plaintiff to the franchise store of the Defendant Company shall be exclusive goods (E-marked goods) and commercial goods (E-marked goods, such as sugars) and any changes such as the determination of items, size, price, etc., addition or deletion of items shall take place after prior consultation with the Defendant Company.

Article 5. Receipt and Transportation of Orders for Goods

1. In principle, the Plaintiff shall transport and supply goods to the place designated by the Defendant Company, including the branch office of the Defendant Company’s franchise store.

Article 7 Calculation and Payment of Fees

1. The sales management fee to be paid by the Plaintiff to the Defendant Company under this Agreement (hereinafter referred to as the “fee”) shall be the cash payment by the 20th of the following month after the end of each month after the settlement of sales.

The plaintiff's logistics finished shall be 14% of the sales price, and the fee of the defendant company shall be the amount exceeding 14% of the sales profit.

2. Until the date stipulated in the above paragraph 1 above, if the fees to be paid by the Plaintiff to the Defendant Company are not paid, the interest for arrears of 25% per annum from the due date to the due date of actual payment shall be paid.

Article 8 Collection of Price

1. The Plaintiff shall determine the terms and conditions of supply with the franchise store or branch office of the Defendant Company that supplies its goods, and the terms and conditions of payment with the Defendant Company.

2. Following the Plaintiff’s supply of goods.