(영문) 청주지방법원 2018.05.24 2017가단8098

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(영문) 청주지방법원 2018.05.24 2017가단8098

판매수수료 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 4, 2012, the Plaintiff entered into the instant agency contract (hereinafter “instant agency contract”) with the Defendant as follows with respect to the Defendant’s three pumps (C; hereinafter “instant pumps”).

① According to the order of the Plaintiff, the Defendant shall supply the pertinent pumps to the consumers, and the Plaintiff shall take full charge of the installation of the pumps and the follow-up management.

② The Defendant shall pay to the Plaintiff the remainder remaining after deducting the Defendant’s supply price of KRW 21 million (in accordance with the revised contract on September 9, 2013, the price of this part was changed to KRW 21 million) from the Defendant’s supply price at the instant pumps sales price to the Plaintiff as sales commission.

(3) In principle, where a consumer uses a financial product, he/she shall verify the progress of the financial company and supply the product after being supplied by the consumer.

(Article 9(3)(b) of the agency contract.

On July 23, 2013, pursuant to the instant agency contract, the Defendant concluded a contract to manufacture and supply the instant pumps at KRW 65,950,000 (excluding value-added tax) with the Korea Medical Corporations Associate Medical Foundation Hospital (hereinafter referred to as the “Mandae Hospital”) that is the consumer of the Plaintiff arranged by the Plaintiff.

On the other hand, the Chondae Hospital concluded a siren agreement on the pumps of this case with the non-Ss first-aid Co., Ltd. (hereinafter “non-Ss first-aid”) and the non-s first-aid hospital paid 72,545,000 won (=65,950,000 won x 1.1) to the Defendant under the said siren agreement.

On August 7, 2013, the Defendant paid 51,535,000 won (=72,545,000 won - 21,010,000 won) to the Plaintiff.

C. In addition, on October 26, 2013, the Defendant entered into a contract with E (hereinafter “D”) which operates “D”, a consumer arranged by the Plaintiff, under the instant agency contract, to manufacture and supply the instant pumps to KRW 57,050,000 (excluding value-added tax).

D also concluded a siren agreement with the pertinent pumps, and accordingly, it was possible to do so.

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