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(영문) 대구지방법원 2018.10.17 2018나304593

판매수수료

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

. The sales commission shall be paid as follows:

(1) The supplier (sales commission for non-exclusive goods) shall pay 6% sales commission to the buyer for the sales of “non-exclusive goods” supplied to the customer of the buyer.

(전용상품에 대한 판매수수료) 공급자는 구매자의 거래처에 공급한 판매수수료=“판매가액”-(“전용상품”매입액(VAT별도)*13%) 판매수수료를 구매자에게 지급한다.

(3) A supplier shall notify a buyer of the details of the monthly sales data and the details of the settlement of sales commission supplied to a buyer and a buyer to his/her customer by no later than the fifth day of the following month, and the buyer shall confirm the details of the settlement of the sales commission notified, and shall verify and notify to the supplier

E. The calculating formula of sales commission for “exclusive product” as stipulated in Article 8(1) of the instant arrangement is [the “sale price”-(hereinafter “exclusive product purchase price”) *13%]. This is a clerical error in [the sale price-exclusive product purchase price (excluding value added tax) x 13%].

F. In accordance with the instant agreement, the Defendant continuously supplied non-exclusive goods and exclusive goods to the “B” franchise store located in the Daegu metropolitan area by February 2017, and paid the Plaintiff sales commission calculated by deeming the sales of exclusive goods whose value-added tax is not included in the exclusive goods as the sales price.

G. On March 22, 2017, the Plaintiff sent a letter of cooperation to the Defendant, stating that “The sales commission for exclusive goods was calculated and paid based on “supply price” rather than “sale price.” The Plaintiff paid the difference arising after correcting and settling the erroneously calculated part.”

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 4, 7, 8 evidence, Eul 1, the plaintiff representative director of the first instance court's examination results, the purport of the whole pleadings.