대리상 수수료 등 지급청구의 소
1. The defendant is USD 1,110,532.47 in US dollars and USD 5,710.54 in US dollars among them.
Facts of recognition
The Plaintiff is an individual entrepreneur who is engaged in trade agency business, etc. under the trade name of “D,” and B is a U.S. company that sells and repairs aircraft, such as helicopters, and related parts (hereinafter “Defendant company”).
On January 16, 2007, the Plaintiff entered into a commercial agent contract with the Defendant Company for the sale of the products and parts of the Defendant Company in the Republic of Korea, and entered into a contract with the Defendant Company for the sales agent fee of the agreed share in the profits of the Defendant Company. 2) On December 11, 2013, the Plaintiff entered into a contract with the Defendant Company for the sales agent with the rate of the fee of the commercial agent as revised at 10% of the amount claimed for each transaction. On May 20, 2014, the Plaintiff entered into a contract for the limited amount of the fee of the Defendant Company and the commercial agent fee of each transaction, with 10% of the amount claimed for each transaction, and 15% of the amount claimed for each transaction in the case of a contract for the limited amount of the fee of the parts.
3) On March 26, 2015, the Defendant Company notified the Plaintiff of its intention to terminate the sales agent contract. The Plaintiff’s provisional attachment against the Defendant Company’s claim is a commercial agent’s fee claim of USD 1,210,221.07 in total, a performance bond refund claim, and a loan claim of USD 696,798 in total against the Republic of Korea, and the Defendant Company received a provisional attachment order (Seoul Western District Court 2015Kahap370 in total) on June 9, 2015 with respect to the contract deposit repayment claim of USD 696,798 in total against the Republic of Korea. On September 18, 2015, the Defendant Company applied for the bankruptcy protection procedure (hereinafter “foreign bankruptcy procedure of this case”) under Chapter 11 of the Bankruptcy Act in the United States of America or the bankruptcy court, and the foreign bankruptcy procedure of this case is legitimate.