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(영문) 서울남부지방법원 2020.01.09 2018나61954
약정 수수료
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. The defendant is a consolidated agent of C Co., Ltd. (hereinafter "C"), and the plaintiff is a self-agency of the defendant.

Article 2 (Supply and Management of Terminals/Subsidys) (1) Operation and management of rental terminals and incentives provided by the Defendant through this Arrangement shall be subject to [Attachment].

Article 4 (Period of Contract) (1) This contract shall enter into force from the date of conclusion of the contract, and the period of termination shall be February 28, 2017.

(2) This contract shall not be amended or extended within the period after the conclusion of the contract, and shall, if necessary, be executed in principle by mutual agreement.

[Attachment] Article 2 (Conditions of Support) of the Detailed Terms of Agreement

A. The Plaintiff and the Plaintiff’s franchise store compensates the Plaintiff and the Plaintiff for the number of regular approval agreements (C) of 10,000 copies of the cards during the contract period.

(Agreements The number of agreements shall include all credit and physical card approvals). The actual amount of over-paid and 10,000 won (approval/purchase) 60 won (credit approval) - normal number of approvals (excluding cancellation number) - fixed number of sales slips - fixed payment (applicable to card company policy) - purchase fees: No. 10,000 won (credit approval) 60 won (credit approval) - purchase fees: 10,000 won (credit approval) 40 won (purchase approval) - purchase fees when applying card payment policies.

B. On March 15, 2016, the Defendant concluded a fee payment contract with the Plaintiff (hereinafter “instant contract”) with the following content.

C. From July 2016 to April 2017, the Defendant paid a total of KRW 21,863,949 to the Plaintiff, as indicated in the “payment fee” column in the attached Table.

On April 5, 2017, the Plaintiff transferred agency code.

[Basic Facts] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 2, 3 and 12, and the purport of the whole pleadings

2. Determination

A. According to the number of approvals of credit cards and e-mail cards and the number of purchases, as stated in Gap evidence 17 to 25, and Eul evidence 18, the Plaintiff’s May 2016.

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