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1. The Defendant’s KRW 48,854,985 as well as the Plaintiff’s annual rate from April 1, 2014 to June 5, 2015.
Reasons
1. Facts of recognition;
A. On July 2013, the Plaintiff engaged in the pharmaceutical manufacturing business: (a) as between the Defendant and the Defendant engaged in the wholesale and retail business of drugs, etc., the Plaintiff entered into a sales promotion service consignment agreement (hereinafter “instant agreement”) with the content that the Defendant provided marketing services to promote the sales of the Plaintiff’s pharmaceutical products, and the Plaintiff received from the Defendant the result of Byungwon marketing, thereby paying the Defendant a commission fee for marketing services determined for personnel expenses and expenses required for marketing activities (hereinafter “instant commission”). The main contents are as follows.
[Purpose] Article 1 [Purpose] In entrusting marketing services to the defendant for the promotion of the sale of medicines provided by the plaintiff, all matters such as mutual rights and obligations are stipulated.
[Scope of Services]
1. The scope of services to be provided by the Defendant to the Plaintiff under the instant contract is as follows.
(1) detailing of drugs subject to entrustment of marketing services. (2) Delivery of information on drugs subject to entrustment of marketing services, efficacy, and side effects of drugs;
2. In order to promote the sales of the Plaintiff, the Defendant may engage in all marketing activities according to the Defendant’s judgment.
Article 3 [Request for Fees and Payment Method]
1. The Plaintiff shall pay commission fees for marketing services determined for personnel expenses and expenses incurred in marketing activities of the Defendant.
2. In the event that marketing services have been made by the Defendant pursuant to Article 2, the Defendant shall claim against the Plaintiff the commission fee for the agreed marketing services.
3. In principle, the evidential materials on prescription shall be submitted not later than the 15th of the following month, and no fee shall be paid for the materials that have not been submitted not later than two months after the prescription.
4. The defendant shall issue a tax invoice to the plaintiff by the fifth day of the following month of the commission fee for marketing services claimed in paragraph 2 above, and the plaintiff shall pay the commission fee on the tenth day of the following month to the plaintiff.
(b).