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(영문) 전주지방법원 2016.01.15 2015가단5943

수수료

Text

1. The Defendant’s KRW 51,700,000 as well as 20% per annum from March 6, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. The following facts for the determination of the cause of the claim do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence Nos. 3, 10, 11, 12, and 16; Eul evidence Nos. 3; Eul evidence Nos. 3; the fact-finding results with the Administrator of the Public Procurement Service of the Jeonbuk-gu Office in this Court; and witness

On January 7, 2010, the Plaintiff and the Defendant exclusively granted the Defendant’s sales right for the sales of the earth and stones and the dolock brick (hereinafter “instant product”) with respect to the construction works implemented in the Province of Jeollabuk-do (hereinafter “instant contract”). In the event the Defendant supplied the instant product to the customer through the Plaintiff’s business activities, the Plaintiff entered into an agency contract with the content that the Defendant would be paid 10% of the value of supply as sales commission (hereinafter “instant contract”).

On July 25, 201, the Plaintiff entered into a contract with D on July 25, 201 to delegate the above business activities to D for the purpose of supplying the instant product to local areas of the Rural Development Administration, and upon entering into a supply contract with D, the Plaintiff shall pay 5% of the supply price to D.

D The Rural Development Administration conducted business activities against the Rural Development Administration, and the Rural Development Administration deliberated on the selection of materials necessary for local relocating construction, and as a result, on November 2, 201, selected the Defendant’s product as necessary materials in Section 5, 201.

(hereinafter referred to as “the instant product selection”). On May 30, 2013, the Public Procurement Service selected the Defendant’s product as government-funded materials according to the results of the government-funded materials selection of the Rural Development Administration, which is an end-user institution, and sent the Defendant a demand for installment delivery and notice to the Defendant demanding that “the government-funded materials should be supplied equivalent to the total amount of KRW 522,246,884 (the pre-paid amount) of the instant product” to the Rural Development Administration.

The amount equivalent to 10% of the value of point bricks and ready-mixeds supplied by the Defendant to the Rural Development Administration for the relocation of the said provincial areas = KRW 51,700,000 in total = braille 34,700,000.