beta
(영문) 서울고등법원 2018.04.06 2016나2081155

수수료청구

Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The facts below the basis facts do not conflict between the parties, or may be found as a whole in Gap evidence Nos. 1, 2, 3, 4, 7, 20, 23, Eul evidence Nos. 1 through 6, 12 through 219, 235 to 241 (including each number), respectively.

The relevant defendant is a company with the aim of cultivating, processing, selling, distributing, etc. agricultural products, livestock products, etc.

Since 1999, the Plaintiff operated the Defendant’s C Agent with the trade name “B.”

B. On December 30, 2009, the Plaintiff and the Defendant concluded a contract for the consignment supply of school group meal services with the Plaintiff and the Defendant on January 11, 201, 201, January 10, 2012, January 10, 2013, February 2013, and March 1, 2014, each of the “contract for the consignment of school group meal services” (hereinafter “each of the instant consignment contracts”) (hereinafter “each of the instant consignment contracts”).

The main contents of each entrustment contract of this case are as follows: (a) the Plaintiff entered into a contract for the supply of food materials in the name of the Defendant between the schools of each level where the Plaintiff provides group meals on commission by the Defendant; and (b) the Defendant supplied the Defendant’s food materials to the school; (c) the Plaintiff received the payment from the schools of the contract for the supply of food materials concluded by the Plaintiff under the name of the Defendant and paid the Plaintiff the amount equivalent to a certain percentage of the fees (hereinafter “entrusted fees”); (d) the Plaintiff supplied the food materials of another company to the Defendant’s school under the name of the Defendant (e.g., the Defendant received the payment from the schools of the food materials supply contract concluded by the Plaintiff under the name of the Defendant, and deducted the amount equivalent

(hereinafter referred to as “sales commission”) was the sales commission.

The specific contents of the instant entrustment contract dated December 30, 2009, January 11, 201, and January 10, 2012 (hereinafter “instant entrustment contract”) are as follows.