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(영문) 광주지방법원 2017.01.20 2016가단10792

약정금

Text

1. The Defendant’s KRW 54,430,582 as well as the Plaintiff’s annual rate from April 28, 2016 to January 20, 2017.

Reasons

1. Facts of recognition;

A. On November 2012, the Plaintiff entered into an agreement on the consignment of a mobile phone (hereinafter “instant consignment agreement”) with the Defendant, under which the Plaintiff would sell handphones and pay a certain sales commission to the Defendant upon designating the mobile phone and entrusting the Defendant with selling the mobile phone. However, the Defendant could not use his own business name in light of the circumstances, and thus, was to use the name of Nonparty B, who is a person in the name of Nonparty B.

B. In early 2013, the Plaintiff entered into a consignment sales agreement (Evidence A No. 4) with the truster “Plaintiff” and “trustee” (representative Nonparty B) as the truster “Plaintiff” and “trustee” (representative Nonparty B). The main contents of the consignment sales agreement of this case are as follows.

The entrusted store: The plaintiff (hereinafter referred to as the "A") and the entrusted store: C (representative B; hereinafter referred to as the "B") Article 8 (Sales Fee) A shall pay the sales commission for the sales activities of Eul under this contract, and Eul shall issue a tax invoice to them.

Article 9 (Refusal of Payment of Sales Fees and Redemption of Compensation) A may, without delay, suspend the payment of any sales commission, enforce the recovery of the fees and the relevant damages already paid, and claim a separate damages for additional losses in any of the following cases:

1. Where the sales activities of B constitute the following unfair sales activities:

3. Portions which cannot be deemed to be used normally after installment sales after installment sales by Eul or other similar forms of sales;

(a) Shares sold by the theft of name;

(b) Sales of abnormal telephonephones;

(c) Shares in sales by false or fraudulent sales contract;

(d) Article 14 (Criteria for Handling Civil Petitions) of the sales of a terminal whose temporary suspension, termination or ex officio termination is within three months;

1.The civil petition cases received as a our civil petition team shall, in principle, be treated beforehand and shall be notified to that person after the treatment.

The civil petition team of our country can minimize the cost of civil petition treatment.