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(영문) 서울남부지방법원 2015.12.04 2015가단208881
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant leased a brand product, which is called a “block”, from a lot shopping company (hereinafter “slocing shopping”) in Kimhae-si, in order to operate the “block store” (hereinafter “instant store”).

B. On June 26, 2013, the Plaintiff entered into a sales agency contract with the Defendant to sell the Defendant’s products on consignment and receive sales commission from the Defendant as an intermediate manager at the instant store as indicated below, with the contract term from June 28, 2013 to December 27 (6 months) of the same year.

Since then, the above contract was automatically renewed under the same conditions, and the contract was concluded on February 25, 2014, with the same terms and conditions as the previous contract term, except for the purpose of raising the sales target and setting the monthly sales target separately.

8. As until August 31, 2015, after concluding a sales agency contract, the contract was automatically renewed, leading to the final renewal.

Article 3(Fees and Sales Objectives)(1) Fees for E shall be the amount calculated by multiplying the actual sales by the rate of commission agreed upon. 2) The actual sales shall be the total sales amount from the first day of each month to the last day.

3) Sales commission for B shall be paid to B on the fifth day of the following month after termination for the actual sales from the first to the last day of each month. 4) In the event that there is any amount to be withheld or deducted under law or this contract among the commission to be paid to B, A shall be paid the balance after deducting it.

5) The fee rate shall be determined by dividing into normal sales and event sales as follows: (a) the normal sales amount (including VAT) (10.5%) of the sales amount (including VAT) at the normal sales period; (b) the sales amount (including VAT) at the time of the event sales (10.5%) of the VAT (including VAT). (c) in principle, it shall be paid in consultation with A and B in accordance with the collective sales criteria. (d) Sales fees shall be subject to the prescribed fee rate and value-added tax (including VAT).

.Intermediate;

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