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(영문) 부산고등법원 2020.01.15 2019나53771

약정금

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1. The Defendant (Counterclaim Plaintiff, the appointed party) added selectively to the counterclaim claim.

Reasons

The main lawsuit and counterclaim are also examined.

Facts of recognition

Plaintiff

A is the trade name of “E” and “F” and the Selection D is the individual entrepreneur who sells the mobile phone terminal in the trade name of “G” and the Defendant B is the agent of H Co., Ltd. and I, and the Selection C is the agent of J.

On March 2016, the Plaintiffs entered into a consignment contract with the Defendants for the sale of mobile phones and other services (hereinafter “instant consignment contract”). From around that time to May 2017, the Plaintiffs received sales commission from the Defendants up to March 2017, when selling mobile phones, etc. from stores leased by the Defendants under the instant consignment contract.

On May 30, 2017, the Defendants expressed their intent to terminate the instant consignment contract to the Plaintiffs, and the transactional relationship was terminated at that time, and the Plaintiffs delivered the store to the Defendants on May 31, 2017.

The details of the Plaintiffs’ calculation of sales commission for April 2017 and May 2017, 2017, which the Defendants failed to pay, are as listed below:

In the Schedule, “K” refers to Defendant B, “C” to “Appointed C, and the unit is “won”.

The same shall also apply to the table below.

Division E CKK CK CK 3,192,630 - 38,027,50 - 9,776,260 - 80,96,96,390 - 38,950,390 - 27,875,584-75,584-752,860,860 - 4,736,680,680 19,955,610 118,801,234 total 72,142,942,940 - 28,035,940 - 65,903,0375,0752,804,512,940,9405,95,610,610 and 2342,234, and 80,000 seals and seals were not submitted to the court.

Additional special terms and conditions of the sales contract for the entrusted store (No. 5-1)

2. “B” shall pay the “B” for all kinds of “B” to the customer and shall not be implemented.