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Reasons
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(영문) 부산지방법원 2016.07.14 2015가단211377
판매 수수료 등 청구의 소
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1. The Defendant’s KRW 51,937,187 as well as its annual 5% from May 27, 2016 to July 14, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a Vietnamese limited liability company that engages in the import, export, and maintenance of wing-related devices and parts.

The defendant is a company running the boiler sales and manufacturing business.

B. Around January 2013, the Plaintiff and the Defendant concluded an agreement on the sales agency of the incineration boiler sales agency (hereinafter “instant sales agency agreement”) with a sales agency fee for the boiler produced by the Defendant to Vietnam company.

The main contents of the instant sales agency contract are as follows.

1. Payment in advance at the time of sale 50% of the contract amount 1.1 contract amount, 30% B/L payment at the time of issuance, 20% completion of trial operation (when submitting a report on completion of construction), payment terms within seven days;

2.The same payment shall be made for the amount of 7 per cent of the subscription of item 1.1 in respect of the sale.

(FOB unit price of the contract shall be paid by 7% on the basis of sales commission)

C. According to the instant sales agency contract, the Plaintiff imported the Defendant’s boiler as a formal purchaser of the Gannam Industrial Facilities Limited Company, and arranged for sales of the boiler as follows.

According to the Vietnamese Law, a company can operate only for the permitted type of business, and the defendant exported boiler to a company that owns the boiler import business of boiler under the Vietnamese Law, through the plaintiff, through the plaintiff, the boiler company is formally exported to the company that is located in Vietnam, and the plaintiff trade it again by mediating sale to the company located in Vietnam.

Evidence No. 4 No. 89,000 dollars CIF HCHIHH 2A (TG8) on February 19, 2013, evidence 1A (TG2) on the price terms and conditions of sale (TG2) on the date of the transaction, and evidence No. 4 No. 89,000 USD 89,000 on July 1, 2013, evidence No. 3B BBUK MINH 2A No. 320,000 on May 6, 2013, evidence No. 43,00$ 53,000 on August 22, 2013, No. 37OBA No. 470 on August 5, 2013, the Defendant issued No. 1540 on August 30, 2013

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