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(영문) 부산지방법원 2016.11.24 2016나42258

수수료

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Upon completion of a contract for the supply of a product with the Defendant in cooperation with the Plaintiff, the Defendant shall pay to the Plaintiff in cash an amount equivalent to 5% of the goods contract amount (a factory chassis and value added tax separate) as business expenses.

(2) The defendant's business expenses shall be paid to the plaintiff within seven days from the date of receiving advance payment or the price for goods from the ordering place.

(3) In cases of a modified contract following the change in the volume of an order placed at the place of order, the expenses for business activities for 5% of the changed amount shall be calculated accordingly.

On February 21, 2011, the Plaintiff entered into a contract with the Defendant to receive an amount equivalent to 5% of the supply contract amount from the Defendant when the Defendant supplied the instant goods (hereinafter “instant contract”) by operating a business so that the Plaintiff may supply the assembled PC rocks (hereinafter “instant goods”) produced by the Defendant at the construction site, even high-priced underground vehicles between North Korea-Dong-dong-dong-distance. The main contents of the contract are as follows.

On October 26, 201, 1113485070 164,024,000 64,380,000 206,294,400 Gap's certificate (supply of goods) stated "360,294,400 won" as "360,294,400 won, but it appears to be a clerical error in the calculation.

2) On October 19, 2011, 2113485080 491,529,000 3 21113213600 254,441,600 441,604 May 6, 2013, 21306320 349,853,889 5,1,530,522,889 50

B. According to the Plaintiff’s business activities, the Defendant supplied the instant goods to the construction site as follows during the period from the first patrol officer in 2012 to the first patrol officer in 2014.

C. On April 10, 2012, the Defendant paid to the Plaintiff KRW 22 million in total, including KRW 5.5 million, KRW 1 million on April 5, 2013, and KRW 5.5 million on August 5, 2013.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 1-1, 2-2, the purport of the whole pleadings

2. Determination

(a)the cause of the claim;