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(영문) 대전지방법원서산지원 2015.09.02 2015가단2937
약정수수료
Text

1. The defendant shall enter each contract fee entered in the attached calculation sheet in the plaintiff and the corresponding calculation sheet in the attached calculation sheet.

Reasons

1. Facts of recognition;

A. The original and the Defendant are both companies with the aim of trucking transport business.

B. The Plaintiff and the Defendant are running a business to arrange for and collect fees from Samsung C&T Co., Ltd. (hereinafter “Korea T&T”) upon being commissioned to transport cargo from Samsung C&T Co., Ltd. (hereinafter “Korea T&T”) and arrange for and arrange for each transport borrower.

1. Recognizing that the ratio between the plaintiff and the defendant to the volume of the cargo of Samsung Chu is the defendant 71% and the plaintiff 29% respectively;

(based on the ratio of Defendant 25%, Plaintiff 10%, to the total volume of the cargo of the third banking slope)

2. The amount of 7% out of the sales amount equivalent to 29% (the Plaintiff’s share) out of the tax invoice issued after the transportation of Samsung C&T shall be deposited into the Plaintiff’s corporate account in cash on the 25th day following the issuance date of the tax invoice by the Defendant, and the Defendant may not demand the Plaintiff to pay taxes

3. The Defendant sent to the Plaintiff a copy of the transaction statement and the copy of the tax invoice at the end of each month by the fifth day of the following month.

4. The Plaintiff shall issue a tax invoice to the Defendant after settling the amount of 7% of the sales equivalent to 29% (the Plaintiff’s share) out of the amount of the tax invoice issued after the transportation of Samsung C&T at the end of each month.

5. This effect shall remain effective in respect of the carriage of quantities in the Seosan-si even at the time of the occurrence of any cause, such as the trade name and representative change of Samsung Chu and Won and the defendant, and the change of ownership.

C. From July 1, 2006 to the Defendant, the Plaintiff transferred the entire quantity of the goods requested by the Plaintiff in the Hantoland from July 1, 2006 to the Defendant, and in return, the Defendant paid the fee to the Plaintiff, but thereafter, the Plaintiff and the Defendant agreed to pay the fee retroactively as of July 1, 2006, if the fee rate is set by the Plaintiff and the Defendant.

On October 16, 2006, the original and the Defendant entered into an agreement with the following contents (hereinafter “instant agreement”). D.

On the other hand, however,

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