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(영문) 서울중앙지방법원 2016.04.26 2015가단5023027
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff is a person who operated C with disinfection of a building and pest control, and the Defendant was introduced from a customer and operated D with disinfection and cleaning of water tanks. In the case of a disinfection contract, the Plaintiff entered into a disinfection contract directly with the customer and paid the price to the Defendant. In the case of a cleaning of water tanks, the Plaintiff did not report the water-tank cleanup business, and the Plaintiff introduced the Defendant to the customer, and the Defendant entered into a water tank cleaning contract with the customer.

B. The Plaintiff and the Defendant agreed to pay 30% of the water tank cleaning expenses to the Plaintiff as introduction expenses. Accordingly, the Defendant delivered the Defendant’s agricultural bank account passbook, seal, and cash card deposited in the water tank cleaning expenses to the Plaintiff, and the Plaintiff transferred 70% remaining after deducting 30% of them to the Defendant’s corporate bank account when the water tank cleaning expenses are deposited into the agricultural bank account opened by the Defendant by February 3, 2008.

C. On May 30, 2008, the Defendant requested on May 30, 2008, the Plaintiff to withhold 30% of the amount transferred at the commission of the Plaintiff until the Defendant’s convenience becomes difficult. The Plaintiff accepted the above request by the Defendant, and transferred 100% of the amount transferred at the expense of water tank cleaning expenses to the Defendant, and the customers of partial cleaning of water tank deposited directly into another passbook by the Defendant.

From May 30, 2008 to April 2014, the Plaintiff is obligated to pay 30% of the amount of 74,528,688 won paid by the Defendant as agreed money to the Plaintiff out of the amount of 74,528,68 won of the water tank cleaning expenses paid by the Defendant.

2. According to the records of Gap evidence Nos. 1, 3, 17, and 8, around December 6, 2006, when the plaintiff and the defendant receive the water tank cleaning cost from the customer of the water tank cleaning introduced by the plaintiff, 30% of them shall be paid to the plaintiff.

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