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(영문) 서울중앙지방법원 2013.07.16 2012가합45776
수수료 등
Text

1. The Defendant’s KRW 520,80,895 as well as the Plaintiff’s KRW 6% per annum from May 31, 2012 to July 16, 2013.

Reasons

1. Facts of recognition;

A. On January 15, 2007, the Plaintiff, whose main business is the mobile communications sales business and related incidental business, entered into an entrustment agency contract on the mobile communications business and other business, related products, etc. (hereinafter “agency contract”).

According to the above agency contract, KF may pay to the Plaintiff fees, such as subscription fees, subscription management fees, subscription management fees, etc., as prescribed by a separate agreement.

(Article XI(1)(b).

Under the above agency contract, the Plaintiff and KTF entered into an agreement on January 15, 2007 on the payment of fees (hereinafter “the fee agreement”) and an additional agreement on the payment of fees (hereinafter “additional agreement”). The fee agreement provides that the KTF shall pay to the Plaintiff the subscription management fees amounting to 7.7% of the basic rate (i.e., the additional fee for local telephone rates). The additional agreement provides that the KTF shall pay to the Plaintiff the subscription management fees equivalent to 9.3% of the monetary fee (at least 10,000 persons, the average sales amount of 34,000 won for the Plaintiff shall be additionally paid) in the event that the KTF satisfies the requirements of at least 1.0% of the monetary fee (at least 10,000 persons, at least 50,000 won per subscriber, at least 500,000 won, at least 10,000 won, more than 60,000 won, 700 won per month).

The details of each fee shall be as follows:

(1) Policyholders management fees: Fees that the plaintiff may pay differentiatedly according to the period that the plaintiff may pay as compensation for service guidance, consultation on charges, subscriber management, etc. on behalf of the insured at the request of the plaintiff and the insured at the request of the KTF.

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