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(영문) 서울중앙지방법원 2017.05.11 2016가단5228409
약정금
Text

1. The defendant shall pay to the plaintiff KRW 85,650,000 and 5% per annum from March 1, 2015 to March 15, 2017, and the next day.

Reasons

1. Basic facts

A. A. A Co., Ltd. (hereinafter “C”) has a domestic business right for the drugs “D” produced by “C” (hereinafter “instant drugs”) and transferred the instant drugs to Mepta Korea Co., Ltd. (hereinafter “Mepta Korea Co., Ltd.”) around December 2010.

In the process, the Plaintiff, who actually operated the said corporation B, arranged the Defendant and ordered the Defendant to enter into a sales agency contract with the main clinic on December 1, 2010 with the following content:

E F G H JI

B. Meanwhile, around December 10, 2010, the Defendant concluded an agreement with the Plaintiff to pay the sales profit as follows (hereinafter “instant agreement”) with respect to arranging the conclusion of the sales agency contract as above.

1) The Defendant agrees to pay to the Plaintiff the sales profit by allocating the following sales profit at the time of selling the pertinent product with the acquisition of the Korea Business License owned by K in the Dispute Resolution Bank B without compensation: L& M 1 ea (300,000 won per unit) from January 1, 201 to February 28, 2012:

2. From March 1, 2012 to February 28, 2015, the method of payment of KRW 150,000 per L& M 1ea (per unit) shall be paid in parallel with other methods such as incentives and defendant corporation cards. 3) The contract period shall be from January 1, 201 to February 28, 2015 (4 years and two months).

C. Since then, the Defendant supplied the instant medicine from January 1, 201 under the sales agency agreement with the relevant medical clinic and sold it to the Republic of Korea.

However, as of April 29, 2013, the Defendant entered into a contract on behalf of the Defendant to sell the instant drug on behalf of the Defendant, and to collect fees at a certain rate (22% of the invoice price) as a unit transfer agent of the main body clinic from May 1, 2013, and sells the instant drug pursuant to the same contract after May 1, 2014.

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