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(영문) 부산지방법원 2019.04.25 2018가단304249
용역대금 등
Text

1. The Defendant’s KRW 98,003,991 and KRW 62,728,380 among the Plaintiff and the Plaintiff’s KRW 30,025,611.

Reasons

1. Facts of recognition;

A. On December 14, 2015, the Plaintiff entered into a sales agency contract with the Defendant to handle the sales agency service of the Busan Jung-gu, Busan, the Defendant, and receive the sales agency service fees from the Defendant.

At the time, when the contract for sale is concluded, the defendant shall pay the sales agency fee equivalent to 6% of the total sales amount (excluding value-added tax) within seven days from the contract date.

In addition, the defendant bears the burden of advertising and publicity expenses (such as various media advertisements, newspapers advertisements, leaflets, placards, carbags, etc.) and the cost of printed materials related to the sale in lots.

B. The sales contract was concluded for five stores of commercial buildings as shown in attached Table 1 as a result of the Plaintiff’s vicarious sales business.

The defendant did not pay the total amount of KRW 92,753,991 as shown in attached Table 1.

C. The Plaintiff spent expenses for advertisements, placards, etc. as shown in attached Table 2.

Of them, Nos. 1 is the cost of printed materials.

[Ground of recognition] Facts without dispute, Gap 4 through 12, 16 through 19, purport of the whole pleadings

2. The judgment of the defendant is based on the plaintiff's total amount of KRW 5,250,00 (in the case of printed materials Nos. 21, 98,003,91; KRW 98,00; KRW 62,728,380 (= KRW 31,001,520, KRW 31,726,860) in total; KRW 30,025,611 (= KRW 10,008,537,078,08,5378,537, 5377) in the case of the plaintiff's total amount of accounts payable to the plaintiff; KRW 62,728,380 in the case of the total amount of accounts payable to the sale agency under subparagraph D; KRW 31,726,860 after the date of each contract; KRW 30,006,00 after March 9, 2016; KRW 2008,57.28

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