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(영문) 서울남부지방법원 2019.07.09 2016가단28853

정산금 등

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 55,014,981 and 15% per annum from January 12, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company that sells educational content.

Defendant B entered the Ulsan District Branch on March 1, 2003. From around 2004, Defendant B served as the branch office of Ulsan Heavy Branch and retired from office around 2006.

B. On August 30, 2006, Defendant B acquired the Ulsan Heavy Branch (Lease deposit, collection, etc.) from the Plaintiff.

On August 30, 2006, the Plaintiff and Defendant B entered into an independent local government contract (agency) (hereinafter “instant contract”), and the contents pertaining to the instant case are as follows.

Defendant C guaranteed the performance of the contract by Defendant C on September 9, 2008.

Article 1 (Approval) (1) The Plaintiff approved Defendant B to use the trade name and D brand name used by the Plaintiff, and Defendant B also accepted it.

② The Plaintiff provides only the educational program to the Defendant B, and the Defendant B shall be liable for all members (including members management, cancellation, and any other) until the expiration of the subscription period for the contracted member.

Provided, That the deposit rate of the head office shall be responsible for the head office, and the remainder shall be responsible for the local government.

Article 14 (Sales Settlement) (1) The plaintiff shall settle the fees for the net sales occurred from the first day of each month to the last day of each month and deposit the fees to the head of the Tong of the defendant B from the 5th to the 9th day of the following month.

② Fees to be paid by the Plaintiff to Defendant B shall be separately attached.

The above content is 29% of the local government's total sales commission 29% of the local government's total sales commission 29% of the local government's own sales commission 67% of the local government's 67% of the local government's 29% of the local government's 29% of the local government's 29% of the local government's 71% of the local government.

C. The Plaintiff and Defendant B maintained the instant contract from August 2006 to December 2015. The instant contract was implemented as follows.

The defendant B recruited members to sell the plaintiff's educational contents.

The Plaintiff.