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(영문) 대전지방법원천안지원 2015.12.16 2015가단8830
위탁판매수수료
Text

1. The Defendant’s KRW 4,208,178 with respect to the Plaintiff and KRW 6% per annum from July 1, 2013 to December 16, 2015.

Reasons

1. Basic facts

A. On April 1, 2013, the Plaintiff (C Operation) and the Defendant (D Operation) concluded a contract under which the Plaintiff would pay the Plaintiff the remainder after deducting various recoverys from sales commission, etc. (hereinafter “instant contract”).

B. Since early July 2013, E (the Plaintiff’s son’s de facto operator as the Plaintiff’s son) sold mobile phones supplied from the Defendant as abnormal route, the instant contract was terminated.

C. Sales commission to be paid by the Defendant to the Plaintiff under the instant contract is KRW 15,159,60 for April 2013, KRW 8,984,828 for May 2013, and KRW 4,909,50 for June 2013.

Won, the defendant delivered tax invoices on April 2013 and 5.0 minutes of sales commission to the defendant.

[Grounds for Recognition] A without dispute, Gap evidence Nos. 1-3 (including each number), Eul evidence Nos. 6 and 7, the purport of the whole pleadings

2. Determination

A. The Defendant, barring special circumstances, is obligated to pay to the Plaintiff sales commission of KRW 29,053,928 (i.e., KRW 15,159,600, KRW 8,984,828, KRW 4,909,50) and delay damages.

B. The Defendant’s defense 1) The Defendant’s summary of the defense does not have any obligation to pay the sales commission to the Plaintiff any more, since the Plaintiff and the Defendant completed the settlement of the sales commission on April 2013 and May 2013. In addition, in the case of sales commission on June 2013, the sales commission for the amount of KRW 3,897,615 (i.e., a total of 3,897,615 (i., a total of 3,897,615) (i.e., a total of 4,40,000 won of the mobile phone sales commission for the amount of KRW 3,34,615 (i.e., a deduction of the amount of KRW 88,615,000,000,000,0000,000 won of the amount of KRW 688,000,000).

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