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(영문) 서울중앙지방법원 2019.05.30 2018나62944

급여

Text

1. The plaintiff's claim that was changed in exchange in this court is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Facts of recognition;

A. On October 1, 2017, the Plaintiff and the Defendant entered into a consortium agreement (hereinafter “instant agreement”) with respect to the promotion, publicity and distribution of the Defendant’s goods as a broker providing services to the Defendant as a potential customer, and the Defendant entered into a consultant agreement (hereinafter “instant agreement”).

B. When concluding the instant contract, the Plaintiff and the Defendant agreed to pay fees as follows in Articles 2 and 3.

Article 2 Section 1. The total advisory fee of KRW 42,00,000 (hereinafter referred to as “service fee”) shall be paid three times a month to the consultant as follows:

(1) 14,000,000 won: (a) October 2017 (6,836,400 won has already been paid to the consultant from the Company) 14,00,000 won: within the first week of November 2017; (b) the service charges specified above within the first week of December 2017; plus the service charges specified above within the first week of December 2017, the contingent remuneration for all limitations on the cost of hardware from the contract amount arising from the Canadian’s education project must be paid to the consultant as a direct result of the pertinent activity.

The contingent remuneration shall continue to exist no later than December 31, 2017, notwithstanding the maturity or termination of this Agreement, effective by December 31, 2017.

The gross income is defined as the final amount of the contract between the company and potential customers for the purposes of this Agreement.

The Company shall not be liable for any contingent remuneration to the consultant before the company completes its transactions and receives the contract amount from the third potential customer introduced by the consultant to the Company.

section 3. (i) The Company is not liable to pay any commission before it actually receives the contract amount arising out of a contract entered into with the potential customer introduced by the consultant upon termination of the transaction, and (ii) the Company provides a prior written consent.