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(영문) 광주지방법원 2011.09.09 2010가합8503
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 13, 2008, the Plaintiff entered into a sales agency contract with the Defendant on the sales of electrical inputs produced by the Defendant (hereinafter “instant sales agency contract”) with the following main contents.

C. (1) The selling price of contract goods sold by “B” (Plaintiff) to an end-user is determined by “A” (Defendant) of Article 3 (Sales Price, Contract Execution Price) of the Construction and Services (hereinafter “Contract Goods”) incidental to the Electric Inceptioners, drieders, related equipment and services (hereinafter “Contract Goods”) supplied by “A” (Defendant) of Article 2 (Contract Goods, Business Area).

(2) The conclusion of a contract for the result of the business activities of “B” (Plaintiff) shall be made public by “A” (Defendant), and at any time when “B” (Plaintiff) requests, all of the terms of the contract shall be made public.

Article 6 (Judgment on Completion of Business) “B” (Plaintiffs) is to actively support all the matters requested for the business of “B” (Plaintiffs) in the event that a contract has become a sexuality by taking a leading in all the activities (such as visiting activities, product description, brine test, price negotiation, etc.) until the contract has become a sexuality, and where the contract has become a sexuality, it shall be recognized as a business performance.

Article 7 (Business Fees and Payment Method) (1) Where the "B" (Plaintiff) has become a subject of a contract for a business product, the following business fees shall be paid:

1) The operating fees shall be 15 per cent of the contract amount for three parts (three parts for a de facto season, three parts for a dry season), each of which shall be 10 per cent of the contract amount, and thereafter 10 per cent of the contract amount. (ii) The amount which serves as the basis for the calculation of the operating fees shall include only the contract amount of the de facto basic body or the dried basic body and the installation costs thereof.

(2) The down payment, intermediate payment, and balance, respectively, from the company that received the payment method contract.

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