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(영문) 부산지방법원 2019.09.20 2019나439
약정금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. On July 2017, the Plaintiff entered into an agreement with the Defendant, who is engaged in the liquor wholesale business, etc., under which the Plaintiff secured a restaurant, a brewing shop, etc. to supply liquor to the Defendant and, if so, the Defendant would pay 25% or 30% of the profit accrued from the relevant customer as monthly commission to the Plaintiff.

(2) According to the agreement of this case, the Plaintiff secured a number of customers who supplied alcoholic beverages to the Defendant, and the Defendant also paid fees under the agreement of this case to the Plaintiff from September 2017 to December 2017. The Defendant did not pay the Plaintiff fees to the Plaintiff from January 2018. Since January 2018, the Defendant calculated the amount equivalent to 25% or 30% of the commission under the agreement of this case to the Plaintiff from January 19, 2018 (the Plaintiff claimed that the rate of commission was set differently according to the type of alcoholic beverages) to the customer of each of the 19 places, and the Plaintiff calculated the unpaid fees by adding up all the fees to the Plaintiff from January 2018 to the Plaintiff.

(2) On July 3, 2019, the Defendant is obligated to pay the Plaintiff the aforementioned KRW 12,669,489 and delay damages.

B. From September 2017 to December 2, 2017, the Plaintiff introduced customers, such as restaurants and main stations, which the Defendant could supply alcoholic beverages to the Defendant, and in return, the Defendant also paid fees to the Plaintiff. However, at the time, the said fees agreed to pay the Plaintiff when the Plaintiff completed all sales and receipts from the relevant customer.

However, since January 2018, business partners, which the plaintiff introduced, did not pay credit to the defendant.

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