사취금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. On or around July 2013 or August 2013, the Plaintiff engaged in the manufacturing business of basic fact-finding drugs entered into a contract on consignment of marketing of promotional drugs (hereinafter “instant contract”) with the Defendant engaging in the wholesale and retail business of drugs, etc. (hereinafter “B”). The main contents of the contract are as follows.
[Purpose] Article 1 [Purpose] In entrusting marketing services to the defendant for the promotion of the sale of medicines provided by the plaintiff, all matters such as mutual rights and obligations are stipulated.
[Scope of Services]
1. The scope of services to be provided by the Defendant to the Plaintiff under the instant contract is as follows.
(1) detailing of drugs subject to entrustment of marketing services. (2) Delivery of information on drugs subject to entrustment of marketing services, efficacy, and side effects of drugs;
2. In order to promote the sales of the Plaintiff, the Defendant may engage in all marketing activities according to the Defendant’s judgment.
Article 3 [Request for Fees and Payment Method]
1. The Plaintiff shall pay commission fees for marketing services determined for personnel expenses and expenses incurred in marketing activities of the Defendant.
2. In the event that marketing services have been made by the Defendant pursuant to Article 2, the Defendant shall claim against the Plaintiff the commission fee for the agreed marketing services.
3. In principle, the evidential materials on prescription shall be submitted not later than the 15th of the following month, and no fee shall be paid for the materials that have not been submitted not later than two months after the prescription.
4. The defendant shall issue a tax invoice to the plaintiff by the fifth day of the following month of the commission fee for marketing services claimed in paragraph 2 above, and the plaintiff shall pay the commission fee on the tenth day of the following month to the plaintiff.
Article 9 [Termination of Contracts]
6. Article 10 [Compensation for Loss] where the defendant makes a false claim for marketing fees, such as forging and altering the documentary evidence of prescription that the defendant submits to the plaintiff;
3. In cases falling under Article 9 (6), the defendant shall immediately lose his/her right to claim a commission fee for marketing services, and he/she shall receive it in the immediately preceding three months.