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(영문) 서울중앙지방법원 2018.01.11 2016가단150112
용역대금
Text

1. The Defendant shall pay KRW 21,395,00 to the Plaintiff the annual rate of KRW 15% from November 19, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the repair business of household appliances, and the Defendant (AD Co., Ltd.) is a company engaged in the manufacture, sale, etc. of gas bags.

B. On May 2015, the Plaintiff and the Defendant entered into a contract on behalf of the Plaintiff for the products sold and distributed by the Defendant (hereinafter “instant contract”) and the part relating to the instant case is as follows.

Article 2 (Responsibility and Obligations) (1) A (referring to the defendant) shall delegate to B (referring to the plaintiff) the processing of general services for products during the term of the contract.

(2) A shall be fully responsible for technical education, materials supply, product exchange, refund, and compensation for damages so that B may carry out services smoothly.

(3) A shall be fully liable for any clean oil related to the performance of products manufactured and sold by A.

(4) A service agency shall be responsible for any matter arising from a cause attributable to it in the course of performing services agency services.

Article 3 (Scope of Agency Products) The agency products entrusted by A to B are as follows:

(1) Article 4 (Scope of Agency Services) (1) of the Act on External Services for Products manufactured by Gap is responsible for the supply of services materials, etc. to ensure smooth provision of services.

Article 7 (Service Agency Fees) (1) The agency fees for the provision of a service shall be subject to the standards for the payment of service agency fees in addition to this Agreement.

(2) Agency fees shall be calculated on a monthly basis.

(3) B shall calculate agency fees on the basis of the results of closing the end of each month, and claim agency fees in writing to A.

(5) A shall purchase (time of a contract) performance guarantee insurance equivalent to 30 million won, which is equivalent to 30 million won as an insured person B, in order to guarantee the payment of agency fees and late payment fees, and a guaranty insurance policy shall be kept by B.

Article 10 (Consumers' Complaints)

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