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(영문) 대전지방법원천안지원 2014.04.11 2012가합10792
약정금
Text

1. The Defendant: (a) KRW 73,693,612 for the Plaintiff and KRW 5% per annum from January 25, 2012 to April 11, 2014; and (b) from the following day.

Reasons

1. Facts of recognition;

A. On March 1, 2008, B Co., Ltd. (hereinafter “B”) whose representative director was A, sold construction machinery B on behalf of the Defendant among the products imported and sold from the Defendant’s “Comaz” by the Defendant on behalf of the Defendant. However, in the case of small-sized refacing machines whose sales amount is not more than 100,000,000 won, the fee rate shall be set at 10%, and in the case of medium-sized equipment whose sales amount is not less than 100,000,000 won, the fee rate shall be set at 4%, and the Defendant shall pay the fee to B. As of the end of each month, if B claims fee along with documentary evidence related to sales commission, etc., the Defendant entered into a sales agency contract with the content that the Defendant shall pay in cash on the 25th of the following month as of

B. On June 4, 2010, A established the Plaintiff, and the Plaintiff succeeded to the sales agency contract concluded between B and the Defendant, and entered into a sales agency contract with the same content as the said sales agency contract between B and the Defendant (hereinafter “instant contract”) between B and the Defendant.

C. Under the instant contract, the Plaintiff sold 65 construction machinery products worth KRW 15,363,30,000 from March 5, 2008 to November 14, 201. When calculating the sales commission, the Plaintiff sold 640,812,00 won in total, as stated in the details of attempted sales commission (excluding value-added tax). Of them, the Defendant paid only KRW 422,668,400 to the Plaintiff, and the remainder of KRW 239,958,40 (=640,812,000 - KRW 422,68,68,000, value-added tax amounting to KRW 21,814,40 as the tax invoice on December 12, 201, the Plaintiff did not pay KRW 56,500,000, KRW 2584,5085,782,5085,7085,784,782085,7.

【Ground of recognition】 There is no dispute.

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