beta
(영문) 서울중앙지방법원 2015.07.17 2014가합565731

약정금

Text

1. The Defendant’s KRW 94,552,40 for the Plaintiff and KRW 6% per annum from May 21, 2014 to July 17, 2015.

Reasons

1. Basic facts

A. On May 1, 2012, the Plaintiff and the Defendant entered into an agency contract with the purport that the Plaintiff is supplied with and sell to consumers a liquid storage tank, etc. for the purpose of converting livestock products into excreta and excreta (hereinafter “instant product”) produced by the Defendant as the Defendant’s agent (hereinafter “instant agency contract”). The main contents are as follows.

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to determine matters necessary for the supply and sale of liquid manure storage tanks, etc. for the realization of livestock excreta and excreta produced by “A” (Defendant) by “B” as the defendant’s agency.

Article 3 (Orders, Shipping, and Inspection) ① Where a contract is concluded in the name of the defendant under the name of the defendant, it shall be shipped according to the defendant's circumstances, and the plaintiff or his/her agent shall submit the examination document to the defendant

Article 5 (Sales Price) The plaintiff shall observe the selling price determined by the defendant, and shall not violate this.

However, this provision shall not apply where the defendant has obtained prior approval.

Article 6 (Settlement of Payments) (1) All sales proceeds shall be deposited in the defendant's account designated by the defendant, and the plaintiff may not receive or use it at will.

(2) When settling all payments, the Plaintiff is deemed to have completed the settlement of accounts by submitting to the Defendant a tax invoice equivalent to agency business profits.

(3) The settlement of accounts for payments shall be made within 30 days from the date of issuance of tax invoices.

④ If the Plaintiff delays the payment of the product price and other obligations to be paid to the Defendant, the Plaintiff shall pay to the Defendant the overdue interest of 25% per annum from the date of settlement to the date of repayment.

Article 10 (Period of Contract) (1) This contract shall enter into force on the date on which the defendant and the plaintiff sign their names in the contract in compliance with the requirements of the plaintiff and shall be one year.

provided that there is a special reason.