(영문) 광주고등법원 2012.12.12 2011나5300 | 리걸엔진

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(영문) 광주고등법원 2012.12.12 2011나5300

약정금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On February 13, 2008, the Plaintiff entered into a sales agency contract with the Defendant on behalf of the Plaintiff for the sales of the electric scambling machine produced by the Defendant (hereinafter “instant sales agency contract”). The main contents are as follows.

(1) The construction and services incidental to the installation of an electric bed, dried, and related equipment supplied by the Defendant are contractual products.

(2) The selling price of contract goods sold by the Plaintiff to the actual users shall be determined by the Defendant.

(3) The contract for the result of the Plaintiff’s business activities is concluded by the Defendant. Upon the Plaintiff’s request, the Defendant shall disclose all the contract contents at any time.

(4) In the event that a contract has been concluded by taking a leading role in all activities (such as visiting activities, product description, brine test, price negotiation, etc.) from the time when the plaintiff first contacted the customer to the time the contract has been concluded, it shall be recognized as business performance, and the defendant shall actively support all the matters requested by the plaintiff for business operation.

(5) In the event of a contract, the Defendant shall pay the Plaintiff a business fee, and in relation to the calculation of the fee, the amount equivalent to 15% of the contract amount shall be the 10% of the contract amount shall be the 10% of the 10% of the contract amount in the case of the 3rd unit contracts in the order from the beginning of the beginning of each year in relation to the calculation of the fee, and thereafter the fee shall be the 10% of the contract amount. The amount which is the basis for the calculation of the fee shall include only the contract amount of the divers basic body or the divers basic body and the installation cost thereof, and

B. (1) On February 14, 2008, the Plaintiff’s business activities (hereinafter “the Plaintiff”) is delegated to the Plaintiff for the design of and the selection of equipment for the sewage treatment plant from the public city in the public city.

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