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(영문) 수원지방법원 여주지원 2018.02.08 2017가단55867
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 9, 2014, the Plaintiff and the Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a contract on the establishment of the Plaintiff’s door-to-door distribution service (the receipt and delivery of cargo) and the Defendant Company’s business for the purpose of realizing high quality selective distribution service by using the brand of “KGB” (hereinafter “instant contract”).

B. On February 28, 2017, the Plaintiff expressed to the Defendant Company the intent to terminate the instant contract.

C. Part V handling fees and settlement fees stated in the contract of this case are as shown in the attached Form.

[Reasons for Recognition: Entry of Evidence No. 1 and purport of the whole pleadings]

2. Determination as to the cause of claim

A. The Plaintiff asserts as follows. In other words, pursuant to Article 21 of the instant contract, the Defendant Company embezzled the amount of KRW 139,612,63 without delivering it to the Plaintiff, and embezzled the amount of KRW 139,663 without delivering it to the Plaintiff, and it did not pay the Plaintiff KRW 185,08,068,466 to February 28, 2017 the sales commission (the handling fee, which is the expenses related to the handling of the goods requested by the customer using the services, shall be 30% of the sales office, 30% of the sales office, 30% of the sales office, and 60% of the sales office, if the agent collected the goods in advance, the sales office shall deposit 60% of the sales fee, and the agent shall deposit 30% of the sales office with the head office to the Plaintiff, who is the representative of the Defendant’s company, and did not pay the remainder of the sales fee of KRW 149,00,000.

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