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(영문) 서울중앙지방법원 2014.09.26 2013가합48086

약정금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Defendant was established for the purpose of engaging in the issuance and management of credit cards, the settlement of payments related to the use of credit cards, the recruitment and management of credit card member stores, and the solicitation and management of credit card member stores. The Defendant concluded a contract on behalf of soliciting member stores with the Plaintiffs for the purpose of individually soliciting member stores and vicariously performing the business incidental thereto (hereinafter “instant contract”).

Article 2 (Service Fees) “A” shall pay to “B” (Plaintiffs) the fees specified in the criteria for the payment of the following agency fees:

Provided, That where agency fees are changed during the contract period, the changed fees shall be paid.

Article 3 (Receipt of Application for Franchisees) (1) of the new bank (including VT), a new bank (including a consolidated account) 2,000 won, and other banks (including VAT) 1,000 won (including a consolidated account) (1) of the old section, the Plaintiffs directly visit the eligible business establishment of the franchise store and submit to the Defendant an application for franchise store, a business registration certificate, a copy of a credit card bureau, a certificate of installation of a credit card bureau, and other documents.

2. The plaintiffs shall deliver the required documents of the solicited franchise store to the defendant by mail, and the defendant shall determine whether to approve the franchise store and notify the plaintiffs of the approval number of the franchise store.

Article 4 (Timing and Method of Payment of Agency Fees) (1) The agency fees shall be deposited into the plaintiffs' account opened in the defendant on the 10th of the following month after new registration, the expiration date of the contract or the termination date of the contract.

② When paying fees to the Plaintiffs, the Defendant shall withhold taxes, such as income tax, etc., and the Plaintiffs shall perform all of their duties under their own responsibility as prescribed by tax-related Acts and subordinate statutes.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. Summary of the plaintiffs' assertion 1 defendant of this case.