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(영문) 수원지방법원 2016.06.28 2015나22509

약정금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On July 2, 2010, the Plaintiff and the Defendant concluded a contract for the supply of goods with the content that the goods handled by the Defendant are selected as consignment goods of the Korea Armed Forces (hereinafter “entrusted goods”) and are in charge of the delivery, display, and return of goods to the selling place, and the Defendant entered into a contract for the supply of goods with the view that a certain amount of the sales price of goods received from the Korea Armed Forces Welfare Foundation shall be paid as a commission (hereinafter “instant contract for the supply of goods”).

The main contents are as follows:

Article 1 (Purpose) The purpose of this Agreement is to provide for the role of the Plaintiff and matters necessary for the transaction between the Plaintiff and the Defendant in selecting, selling, and returning the Defendant’s products as consignment goods.

Article 2 (Matters to be Observed in Transactions)

1. During the term of this contract, the Plaintiff should make every effort to ensure that the Defendant’s single or multiple products can be selected as a consignment product of the Armed Forces Welfare Foundation.

2. The defendant shall supply high-quality goods to the welfare team at reasonable prices by perfect quality control.

Article 3 (Term of Contract and Termination of Contract)

1. The term of validity of a contract shall be set at three years from October 1, 2010, and if the defendant's product is not selected as a product entrusted by the National Armed Forces within two years during the first term of the contract, the contract may be terminated at the defendant's will.

2. The plaintiff or the defendant shall notify the termination of the contract one month prior to the expiration of the contract term, and may renew the contract by mutual agreement.

Article 4 (Form of Transactions)

1. Type of transaction: The payment of fees for monthly settlement by the Armed Forces Welfare Group; and

2. Items: Mutual consultation according to the classification of goods entrusted by the National Armed Forces for the selection of such goods;

3. Conditions for payment: Cash.

4. Date of payment: Article 5 (Payment of Commissions)

1. The defendant shall pay 23% of the defendant's monthly settlement amount to the plaintiff in accordance with the terms and conditions of payment under the contract for the supply of goods to the National Armed Forces Welfare Group and B after the selection and sale of consigned goods.

§ 6.