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(영문) 서울중앙지방법원 2017.03.14 2016가합569072
수수료 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 177,733,898 to the Plaintiff (Counterclaim Defendant) and the amount from August 11, 2014 to March 14, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 18, 2013, the Plaintiff entered into a contract with the Defendant for the term of contract from September 1, 2012 to August 31, 2013, under which the Defendant would act as a broker and receive 2% of monthly sales from the Defendant as brokerage commission. ② Around August 1, 2013, the term of contract was two months from September 1, 2013 to October 31, 2013; (i) the term of contract was 1.5% of monthly sales; and (ii) the term of contract from November 1, 2013 to October 31, 2013; and (iii) the term of contract from November 1, 2013 to April 4, 2013 to the same agreement was concluded again with the instant broker (hereinafter referred to as “the instant agreement”).

B. The main contents of the instant contract are as follows.

Article 2 (Contract Goods) The Defendant’s source of supply and the Plaintiff’s source of presentation are five home shopping companies in Korea and home shopping companies, respectively, refer to products designated by the Defendant from time to time among “A” brand products that the Defendant sells to the Internet website (GS shop, CJO shoping, modern home shopping, bar shopping, slot shopping, nS home shopping, hereinafter collectively referred to as “customers”, and collectively referred to as “customers”).

Article 4 (Roles of Convenor and Term of Contract)

2. As the Defendant’s home shopping event, the Plaintiff shall act as an agent for the Defendant’s home shopping event such as organizing a stable broadcasting hour, improving and managing efficiency by broadcast, CRM (Cusom management, customer relation management), entry and exit management, inventory management, claim management, advance payment management for individual customers, production of broadcast products, etc., and shall notify the result of the CRM and SCM prior to the third day of each month in accordance with the Defendant’s form.

(b)

6. The contract term of the defendant and the plaintiff shall be six months from November 1, 2013 to April 30, 2014, and shall be effective from the contract date.

provided that the contract is extended.

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