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Reasons
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(영문) 서울중앙지방법원 2018.08.31 2015가단201150
정산금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual business operator who operates a mobile phone sales store to the general consumers with the trade name of B, and the Defendant is a company that sells telecommunications equipment by purchasing and selling the device from est telecom.

B. The Plaintiff sold the mobile phone supplied by the Defendant to the general consumers, and the Defendant entered into a contract with the Plaintiff to pay fees for the sales of the mobile phone in return, and accordingly, the Plaintiff received the mobile phone from the Defendant and sold it to the consumers.

C. The Defendant paid to the Plaintiff KRW 110,824,70 as commission for sales of mobile phones on June 2015, and KRW 51,662,60 as commission for sales of mobile phones on July 2015.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. In the event that the Plaintiff asserted that he received a mobile phone from the Defendant and sold the mobile phone to the general consumers, the sales commission for the sales of the mobile phone was collected from the first day of each month to the last day of the following month and paid the sales commission by the last day of the following month, and each settlement amount is either the basic settlement amount settled based on the unit price table known to the Defendant by e-mail at the time of a change and the settlement amount added because it

However, the sales proceeds from a mobile phone was settled on June 2015, and the Defendant paid KRW 4,590,000, or KRW 9,050,000, or KRW 118,400, or KRW 14,100,000, or KRW 100, or KRW 14,100, or KRW 400, or KRW 27,858,400, or KRW 9,000, or KRW 14,100, or KRW 118,40, or KRW 400, or KRW 14,100, or KRW 100, or KRW 400, or KRW 27,858, or 200, which was not paid to the Plaintiff.

In addition, the mobile phone sales proceeds from July 2015.

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