약정금
All appeals by the plaintiffs are dismissed.
The costs of appeal are assessed against the plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The grounds for the court’s explanation concerning this case, such as the quoted of the judgment of the first instance, are as follows: (a) adding “130 million won” to “equipment of the fourth five parallels of the judgment of the first instance”; and (b) admitting it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except to supplement or add the judgment as specified in paragraph (2).
2. Supplement and addition of judgments;
A. The plaintiffs asserts as follows.
Each marketing contract of this case is not an advertising entrustment contract and an advertising effect security contract or an liquidated amount of damages contract under which the plaintiffs entered into a separate marketing contract with the defendant, who is a separate advertising company introduced by N.I.D. from the medical device sales contract, to entrust the promotion of medical devices, disease, and council members to the advertising company, and where the publicity effect does not reach the amount of sales, the sales contract is guaranteed by the advertising company.
Even if Neowab paid service costs under each of the instant marketing agreements concluded between the Plaintiff and the Defendant for the purpose of selling medical devices on behalf of the Plaintiff and the Defendant
Even if the service price paid on behalf of the Plaintiffs is rebates, and such service price payment agreement is invalid as a rebates agreement. Even if the Plaintiffs, who are medical personnel, concluded a separate advertising consignment agreement, the agreement is a contract concluded separately with an advertising company regardless of the medical device distributor, and the scheduled amount of damages under the agreement is valid.
Furthermore, it cannot be deemed that the offering of an uncertain, flexible, and conditional benefit is the rebates, “an opportunity to return equipment and receive the difference” in the event that the sales amount of KRW 100 million has not been achieved.
The purpose of each of the marketing agreements of this case is to promote the sale of the E.S. equipment, which is a medical device dealer, N.E. O.S.