logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.02.08 2016가단150860
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entries in Gap's evidence 2 through 7 (including branch numbers in case of provisional number), and purport of the whole pleadings);

A. On March 31, 2016, while working as a full-time director of the cosmetics business headquarters of the Defendant Company, the Plaintiff entered into a contract with the Defendant on the following terms: “The Defendant requests the Plaintiff to engage in the business related to the marketing and sale of cosmetics, and the Plaintiff conducts such business.”

(hereinafter referred to as the “instant arrangement contract”). Article 2 (Products) refers to cosmetics that are sold by the Defendant’s development and manufacture C.

Article 3 (Scope of Business)

1. Mediation of domestic and foreign customers and sales of products;

2. Securing, maintaining, and expanding the supply right of the defendant to the maximum extent with respect to the sales and trading of products. Article 4 (Mediation Fee)

1. The brokerage fee for the products sold through the Plaintiff during the contract period is 5% of the amount converted into the Defendant’s ex-factory price (FOB Korea) condition.

2. In the case of receiving the price for the product sold through the plaintiff, the defendant shall pay the conciliation fee in Korean won within seven days from the date of receipt of the price for the product.

Article 5 (Term of Contract)

1. The period shall be from April 1, 2016 to March 31, 2018.

B. On April 1, 2016, the Plaintiff retired from the Defendant Company.

C. (1) On February 2016, the Plaintiff introduced a new franchise broker D'E company, a Chinese corporation, as a candidate for a new store, and reported this to the Plaintiff. (2) On March 8, 2016, the Defendant and E verified the intent to purchase the Defendant's product in relation to the contract for sales agency of the Defendant's product in China (the time and order unit discussions, E-exclusive brandODM supply, mid-term domestic E's total sales right, price, etc.) at the E office located in China, and received the draft sales agency contract on April 1, 2016.

arrow