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(영문) 서울남부지방법원 2016.09.02 2015가단228762
기타(금전)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant’s transfer contract is a Chinese corporation, whose head office is located in the Chinese Republic of China at the time of Gohap Franchisity, whose representative is Defendant B, and which provides services, such as product promotion and sales promotion, Chinese company’s market research and technical information available for delivery, support for the conclusion of contracts, etc. in supplying Korean companies to Chinese companies.

The defendant is a company established for the purpose of manufacturing production equipment, technology service, etc., such as organic LSP, skin, Lipospool, Lccad, and Efld.

On February 19, 2013, the Defendant entered into a contract with Plaintiff B for Scope and repair with the title “B (Concurrent Head of the Joint Head of the Office)”. The case of B3 and B5 factory repair projects related to the supply of machinery to the Plaintiff Company, which is a Chinese maximum DNA display service provider, was in charge of assistive duties, the Plaintiff Company paid 0.75% of the received amount as the performance rate, and the case of TSP projects was paid to the Plaintiff Company as the main business, and paid 5% of the received amount as the performance rate at the time of receiving the relevant equipment.

In addition, the defendant employed the plaintiff B as the employee of the defendant's joint office and paid 2 million won as monthly salary to the plaintiff B, and the entertainment expense was calculated separately.

Therefore, according to the above contract, the Plaintiff Company intended to perform the role of receiving contracts for each of the above projects, the role of branch offices or offices of local C, support for equipment business, information collection, etc., and the Plaintiffs and the Defendant agreed to coordinate in consultation within the common range when other duties occur.

Accordingly, on July 1, 2013, there is a contract between the Plaintiff company and the Defendant that the Defendant would pay 5% of the amount received as piece pay to the Plaintiff company in the event the Defendant’s product is supplied to the “BOE Pn Pn Pn Plant” according to the purport of the contract.

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