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(영문) 서울고등법원 2017.06.08 2016나2077125
약정금
Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. A cause of expansion of claim;

Reasons

1. The Defendant, which caused the instant claim, concluded an agency contract with the effect that the Plaintiff shall entrust the Plaintiff with the management of subscribers to the mobile communications services provided by the Defendant, and that approximately KRW 270,000 per subscription shall be paid incentives.

After the conclusion of the above agency contract, the Plaintiff attracted 3,350 subscribers until September 30, 2014, which was before the enforcement of the Mobile Device Distribution Improvement Act (hereinafter referred to as the "PS Act"), and attracting 4,144 subscribers until August 2015 after the enforcement of the Mobile Device Distribution Act.

Therefore, the Defendant should pay to the Plaintiff KRW 2,032,895,50 as incentives stipulated in the above agency contract ( KRW 914,015,50 as to KRW 3,350 as to KRW 4,140 as to KRW 1,118,80,00 as to KRW 4,144 as well as delay damages.

2. Determination

A. Basic facts 1) On May 20, 2014 and December 29, 2014, the Defendant entrusted the Plaintiff with the sale of goods, attracting of subscribers, management of subscribers, etc. regarding mobile communications services provided by the Defendant. However, in return for the performance of the above duties, the Defendant paid the Plaintiff the subscription recruitment fee and the subscription management fee, and when the Plaintiff fulfills the conditions prescribed in the monthly business policy that the Defendant notifies the Plaintiff, the policy fee (nive; hereinafter referred to as “incentive incentives”) should be applied.

(2) The agency contract of this case (hereinafter referred to as the agency contract of this case) shall be

2) At the time of the conclusion of the instant agency contract, Article 11 of the agency contract is prepared as follows:

1: 1. Incentives means a policy that the defendant notifies the plaintiff that the conditions should be separately determined in accordance with the monthly business policy for the purpose of promoting and encouraging the attraction of the plaintiff's insured.

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