(영문) 대전지방법원 2018.12.05 2017나111725

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Reasons

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줄 간격

자간(%)

(영문) 대전지방법원 2018.12.05 2017나111725

손해배상(기)

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1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) exceeding the amount ordered to be paid below.

Reasons

Around March 18, 2014, the Plaintiff and the Defendant entered into a B agency contract (hereinafter referred to as “instant agency contract”) with the content that the Plaintiff supplies the Defendant with the boarding of automobile produced and imported by the Plaintiff (hereinafter referred to as “instant agency contract”) and the main contents thereof are as follows:

(A) A company shall sell to the agency all specifications and goods purchased and sold by the company (hereinafter referred to as "goods") for motor vehicles manufactured, imported, and sold by the company (hereinafter referred to as the "company") and the agency will purchase them. The agency will purchase them.

Article 3 (Business Area and Place of Business) The place of business of the agency shall be established in Red-gun, and the business zone shall be determined within the scope that the company and the agency have consulted separately, as the area surrounding the place of business.

When an agency intends to change the place of business, it shall notify the company in advance.

Article 8 (Sales Encouragement) A company may provide an incentive to an agency in the form of direct monetary payment or full or partial payment of the purchase price of equipment in accordance with the mutually agreed standards pursuant to Article 25, etc. according to the agency's sales performance and contribution ratio.

Article 25 (Standards for Policy on Sales Encouragement) Companies and agencies shall set the standards for sales targets applicable to agencies for a certain period of time through a separate consultation between them.

However, even during the following periods, a party may request the other party to re-consultation on the above sale target criteria:

In principle, the calculation of the total amount of sales incentives paid by a company to an agency or the ratio of the amount of support for the sales of equipment shall be based on the following standards:

However, the Company shall, in any case, enforce the following sales target criteria to the Agency:

유사 판례

-서울중앙지방법원 2016.07.12 2014가단855

-대구지방법원 2018.08.17 2017가단24325

-서울고법 2013. 9. 4. 선고 2012누31030 판결

-서울중앙지방법원 2018.07.27 2016가단5265620

-인천지방법원 2015.08.28 2014가단48650