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(영문) 전주지방법원 2020.12.17 2020나3683
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Of the claims of the first instance judgment, "this case."

Reasons

A. On May 15, 2013, the Plaintiff, an agent, entered into a contract on the consignment of agency business (hereinafter “instant entrustment contract”) with the Plaintiff. The said contract has been renewed on an annual basis.

B. The main contents of the instant entrustment contract are as follows.

Article 6 (Types, Scope and Target Management of Entrusted Affairs)

1. Entrusted duties performed by the plaintiff shall be as follows:

1) Establishment of a business plan 2) Customer business activities 3) marketing activities 4) marketing activities 5) other services incidental to the insured business, Article 7 (Payment of Price) other services incidental to the insured;

1. The commission fees related to customer business that the defendant pays to the plaintiff shall be paid in accordance with attached Form 1.

4. Management fees may be paid among the entrustment fees related to customer business, and such fees shall be in accordance with the standards prescribed in attached Form 2;

[Attachment 1] The calculation criteria for the payment of the business-related consignment fee prescribed in Article 7 (1) of the Contract shall be as follows:

* Detailed Criteria: (4) The normal amount received means the amount for which the receipt has been completed for the claim of normal charges per month following the opening month.

Basic fees, telephone charges, user fees, etc. classified as Defendant's sales shall be included, and equipment rents, other claims agency services, and some specific sales items shall be excluded (approval of only 50% of the mobile phone receipt amount). [Attachment 2] The standards for calculating customer business-related management fees prescribed in Article 7 (4) of the Contract shall be as follows:

1. 3.0% of the basic fee rate for SP 1: 3.0% of the business activity payment rate: 2.0% of the measurement rate: 3.0% of the measurement rate: differential payment (0-5.5% of the internal standard) calculation and payment period calculation method: opening monthly receipt amount x (basic fee rate measurement rate) calculation method x (basic fee rate measurement) calculation method x from the contract in 2018 subject to the standard receipt amount x from the contract in this part, the phrase “the amount received in advance is excluded from the item subject to the receipt amount.”

Items: Basic fees;

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