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Reasons
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(영문) 광주고등법원 2018.10.26 2017나15255
약정금
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1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. On December 2, 201, the Plaintiff and Defendant C entered into a contract with the following terms (hereinafter “instant publicity consignment contract”) with respect to the advertisement and publicity of “B” (hereinafter “instant online shopping mall”).

The representative defendant C (hereinafter referred to as "A") of the online shopping mall in this case and the representative plaintiff D (hereinafter referred to as "B") of the online shopping mall in this case enter into an entrustment contract for online advertising business between them as follows:

Article 1 (Purpose) The purpose of this Agreement is to select B as an online advertisement monopoly company in order to sell products in the instant online shopping mall, and to take charge of the relevant affairs and to regulate the contents, etc. of profit-sharing for business sales.

Article 2 (Utilization of Publicity Networks)

1. B shall make Party A’s products sold by utilizing the online promotion network held in Party D and shall receive certain profits from Party B’s sales network for the proceeds of sales sold through Party B’s business network.

2. Eul may request Gap to provide all data relating to the online shopping mall of this case at the time of the conclusion of this contract.

Article 4 (Entrustment Fee)

1. Eul shall receive 20% commission fees for total sales (based on sales recorded in the online shopping mall of this case) incurred from the online shopping mall of this case upon Gap's entrustment of advertisement.

2. The commission fees under paragraph (1) shall, in principle, be paid in cash, and the settlement shall be settled monthly on the first day of the following month.

Article 5 (Duty to Report)

1. A shall, if necessary, request B to submit a report or data as to whether the situation is in progress at any time in connection with the sale of business, and B shall actively comply with it;

2. A shall prepare a report on the content of sales in good faith and submit it to B, and B shall comply with the security of sales.

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