위탁수수료 청구의 소
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
The facts below are without dispute between the parties, or are recognized based on the overall purport of the pleadings as a whole in the statement of Gap 1 through 11, 18, 20, 26, 29, 32, 59-14, Eul 3 and 5 (including serial numbers).
[1] On August 13, 2011, the Defendant entered into a joint venture agreement (hereinafter “instant joint venture agreement”) with and between G et al., the representative director of the Plaintiff, to establish a joint venture for the purpose of selling software, products, or services provided by the Defendant, using only the Republic of Korea, Japan, China, and Taiwan as a business area.
Under the instant joint venture agreement, the Plaintiff was established on September 1, 201 with the purpose of software development and sale business, etc.
(2) On September 1, 2011, the Plaintiff entered into a business agency contract (hereinafter “instant contract”) under which the Defendant would be granted the Plaintiff the status of the Defendant as an exclusive business agent in Korea, Japan, Taiwan, and China with the Defendant’s business territory, and the Plaintiff would receive commission fees from the Defendant. On December 20, 2013, the Plaintiff entered into a business agency contract (hereinafter “instant contract”).
The main contents of the instant contract are as follows.
The defendant is a company established and in existence under the U.S. law, and the principal office is located in the U.S. A.T.T. Dones D.
The plaintiff is a company established and surviving under the laws of the Republic of Korea, and the principal office is located in Gangnam-gu Seoul E building 304.
1.1. “Products” means software, products or services provided by the Defendant.
1.2. The term “business territory” means Korea, Japan, Taiwan and China.
1.3. The term “customers” means companies, individuals, etc. within the business territory to which products are supplied through the introduction and management of the Plaintiff.
.the documents of the Parties;