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(영문) 서울남부지방법원 2018.12.12 2017가단216787

약정금 등 청구의 소

Text

1. The Defendant’s KRW 59,216,00 for the Plaintiff and 6% per annum from May 19, 2018 to December 12, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff, a joint business proprietor, leased the unmanned device “spacker” developed to enable the purchase, right, and registration of merchandise coupons, etc. as an off-line owner through the off-line cream, a joint business proprietor, and operated merchandise coupon sales business by way of profit-making by selling merchandise coupons sold in the tamper.

B. On February 21, 2014, the Plaintiff and Hohon Pison entered into an agency contract with the Defendant to operate, install, maintain, and repair the business, and pay the business agency fees, installation agency fees, and maintenance and repair fees. The maintenance and repair fees are 1% of the total amount of content sales in the Tts as of the last day of the month as of the settlement base date. The Plaintiff would make monthly settlement and payment, and the Plaintiff would provide a manager page with which the Defendant can confirm the sales amount.

C. Accordingly, Hora Pis has been in charge of the installation, maintenance, and management of the Twitware, software development and operation, the Plaintiff has been in charge of the settlement of the Twit Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon Pon

The Defendant paid the Plaintiff the direct amount of the transaction to the chain store that is managed in the form of direct collection through the business members, i.e., the amount of the transaction. On July 2016, the Defendant recognized that: (a) the amount of the transaction was transferred to the Plaintiff; (b) the Plaintiff was calculated based on the data on his/her manager’s page; and (c) the Plaintiff claimed monthly amount of the direct payment by calculating the amount of the transaction based on the data on his/her manager’s page, and then, (d) remitted the amount of the direct payment to the Plaintiff by December 2016.

E. On January 201, 2017, the Defendant, which had been doing so, manages one’s manager according to the existing method.