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(영문) 수원지방법원안산지원 2015.06.10 2013가단7790

수수료 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant is a domestic subsidiary of the manufacturer of metal cutting processing machinery, such as aircraft parts processing machinery in Germany. 2) The Plaintiff served as the Defendant’s office in Seo-Gyeongnam area from October 4, 2004 to April 30, 2010, and the Plaintiff operated the machinery sales brokerage business in the name of “C” after retirement.

B. The Plaintiff’s sales business 1) On March 3, 2008, the Plaintiff got involved in the transaction in which the Defendant sold and installed D’s “D” machinery to KIKO (KIP) (hereinafter “the Plaintiff”) (hereinafter “the instant transaction”).

(1) On September 17, 2010, the L/C was issued on May 2008, and the Defendant, on September 17, 2010, issued a letter of credit on the instant transaction, issued on the following: (a) the Defendant fulfilled all obligations for the instant transaction (such as transport, delivery, installation of machinery, education, such as method of machinery use, trial run, correction of mechanical option, inspection procedure, etc.) and subsequently received terms and conditions of transaction and machinery performance from the customer; (b) the Plaintiff was confirmed as a written document. (c) On September 208, 2008, the Plaintiff had engaged in a transaction that the Defendant sold and installed the “E” machinery to the ENT industry.

(2) The Credit pertaining to the instant transaction was issued on November 2008, and the Defendant received a final acceptance certificate on August 26, 201.

3) As above, the Defendant has paid fees to business operators in the event that they have had a sexual intercourse. The Defendant’s representative director set in advance the basic framework of the payment policy that determines the specific method of calculating and paying fees. The Defendant informed the business operators of the initial payment policy every year and obtained their signatures. 4) The Defendant’s policy for paying fees in 2008 is as shown in the attached Form.

However, the proviso of paragraph (6) shall not be paid if a business member withdraws before the completion of all acts for the completion of the transaction and the receipt of the payment.