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(영문) 서울중앙지방법원 2018.01.26 2013가합521659
수수료등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a Korean legal entity that produces and sells low voltage lines, medium voltage lines, ultra-high voltage lines, submarine cables, processing cables, etc.

B. On March 6, 2009, the Defendant entered into a contract (hereinafter “instant contract”) with the Plaintiff, a Australia-based legal entity, providing the Plaintiff with the status of an exclusive agent for the sales of the Defendant’s products, including the Defendant’s electric wires, in order to sell the Defendant’s products within Australia.

Article 2. Plaintiff’s duty 2.1 Efforts - During the continuance of the validity of this Agreement, the Plaintiff shall faithfully work for the Defendant as the Defendant’s representative, shall maximize the sales of the products in its district by making its highest effort, shall maintain and protect the Defendant’s credit, reputation, reputation and interests, and shall not interfere with such sales or impair the development of transactions within the district.

Article 3: Fees and the Defendant’s rights 3.1 The Plaintiff shall be charged 3% of the “net Cash Receipt” for each sale of the same product as provided in Section 3.2 of this Agreement, which has been made during the term of this Agreement.

The term "net cash receipt" here refers to the sales price that the defendant received from the customer and excluding taxes, customs duties, transportation expenses, insurance premiums, etc. ("FOB amount").

A separate fee contract may be concluded between the parties that determines the amount of fees for each case.

Unless otherwise agreed in a specific case, the trade will be treated as not being sexual, unless the customer's ordered address and the bilateral place of delivery of the product are within the area.

Furthermore, the defendant shall pay the sum of USD 180,00 per annum including the plaintiff's salary, sales expenses, vehicles, local transportation and accommodation expenses, etc. required to publicize the defendant's product.

US$ 180,000 is later deducted from 3% fee to be paid to the Plaintiff.

The above mentioned.

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