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(영문) 부산지방법원동부지원 2015.04.08 2014가단14513
영업수수료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The Plaintiff’s assertion was paid KRW 12,00,000 as sales commission for the sales of 577 units sold in Gyeongnam-si, Busan-si, Busan-gu, and Busan-do on June 30, 2013 on the following grounds: (a) the Plaintiff was paid a certain sales commission for the Defendant’s supply and sale of the Defendant’s food waste treatment plant by November 15, 2013; and (b) the Plaintiff was paid KRW 9,950,000 as sales commission for the 199 unit sales commission sold in Gyeong-gu, Busan-do, and Young-do-gu.

After receiving the aforementioned secondary sales commission from the Defendant, the Plaintiff agreed to suspend business activities after November 5, 2013. However, on November 5, 2013 as a result of the Plaintiff’s business activities, the Plaintiff sold more than 180,00 the sum of 26,00,00 to the Young-gu, Busan on November 7, 2013, on November 14, 2013, to the captain-gun on November 22, 2013.

Therefore, the defendant should additionally settle the sales commission of 9,000,000 won for the above 180 won which was not paid to the plaintiff in the second settlement (=180 x 50,000 won) and pay it.

2. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 5, 7, and Eul evidence Nos. 3 and 4 (including various numbers), the plaintiff and the defendant settled the sales commission to be paid to the plaintiff by the defendant on June 30, 2013 as KRW 12,00,000. The plaintiff received KRW 8,000,000 from the defendant on August 20, 2013, and KRW 4,00,00,000 from the defendant on August 17, 2013. The plaintiff and the defendant settled the sales commission to be paid to the plaintiff on November 19, 2013 as KRW 9,950,00,000, the plaintiff could not supply the defendant's products to the plaintiff on November 15, 2013. After then, the plaintiff did not request the defendant to sell the products to the plaintiff on June 10, 2015.

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