logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.06.12 2017가단224351
용역비
Text

1. The Defendant’s KRW 47,740,00 for the Plaintiff and KRW 6% per annum from October 15, 2016 to March 16, 2017.

Reasons

1. Facts of recognition;

A. On November 1, 201, the Plaintiff, a private chain C business entity, entered into an exclusive sales agency agreement (hereinafter “instant exclusive agreement”) with the Defendant with respect to the recruitment and sale of membership in the area south-west of Yong-Nam, the Defendant’s Duri (hereinafter “instant D&C”), which includes the following:

(1) The Plaintiff shall act on behalf of the Plaintiff for the sales of the instant contact membership in the Yong-Namnam Branch.

(2) The Defendant shall pay to the Plaintiff a certain percentage of sales commission according to annual cumulative sales, and on the last day of the current month for the number of shares sold from the first to the 15th day of each month, and on the 15th day of the following month for the number of shares sold from the 16th day of each month to the last day, and on the 15th day of the following month for the cumulative sales more than 300 million won, 17%

(3) The contract term is extended by one year after consultation between the plaintiff and the defendant.

B. The instant exclusive contract was extended every year until 2016.

C. The Plaintiff sold the instant contact membership in the amount of the cumulative sales amount exceeding KRW 300 million in each of the “sales month” listed in the separate sheet.

The defendant paid in C the sales commission equivalent to 14% of the sales standard of each fee set forth in attached table 1 or 3 and the value-added tax on this date respectively.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 5 and 6 evidence, the purport of the whole pleadings

2. Determination

A. The summary of the party’s assertion (1) The Defendant agreed to pay the Plaintiff a sales commission fee of 17% in the event that cumulative sales amount exceeds 300 million won at the time of the instant exclusive agreement. As such, the Defendant constitutes either the commission and value-added tax of 3% (17% - 14%), 17% in the sales commission and value-added tax for each sales listed in the separate sheet 1 through 3, respectively, to the Plaintiff.

arrow