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(영문) 창원지방법원 2015.10.20 2015나1745

영업수수료 반환 청구의소

Text

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.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that operates the telecommunications construction business, and is the general sales company in the Gyeongnam-do Seoul Special Metropolitan City, Inc.

The agency contract shall be concluded between Geum River Information and Communications Co., Ltd. (hereinafter referred to as "A") and B (hereinafter referred to as "B") as follows:

Article 7 [Entrusted Business] The scope of entrusted duties entrusted by A to B shall be as follows:

1. Business, installation, maintenance, and repair of goods the business of which is entrusted by A, and electronic processing;

2. Provision, maintenance and repair of services determined separately by A, and processing of customer objections;

3. Continuous management and maintenance of the customers of the CJHHK kept by Eul;

4. Other affairs to be determined separately by A / Article 14 [Fees] A shall pay to B the fees provided for in a separate agreement according to the entrusted business and installation, among the following fees:

1. Fees: A shall be paid to a customer who enters into a contract with a new customer on behalf of A in accordance with the CJHH fee payment criteria;

3. In cases where Eul unfairly increases fees due to abnormal business handling, etc., Gap shall refund the unfair fees and penalty therefor which he/she received from Gap, and Gap may separately claim damages.

5. If a party B is liable for any obligation to be paid to Party A as a result of the performance of entrusted duties, Party A may offset the obligation to Party B by the fee referred to in paragraph (1).

6. A may choose not to pay fees referred to in paragraph (1) where B violates or fails to comply with the relevant Acts and subordinate statutes, terms and conditions of use, and business performance rules in performing entrusted duties;

Article 17 (Restriction on Payment of Fees)

1. A may restrict the payment of fees or recover fees paid in any of the following cases:

(1) Where a subscriber's goods and services sold by B are terminated due to a serious cause attributable to B within three to six months (a separate decision by product) after opening the market.