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(영문) 서울중앙지방법원 2014.08.29 2014가합516784
정산금 청구의 소
Text

1. Defendant A:

(a) KRW 163,309,952 as well as 6% per annum from May 1, 2014 to June 11, 2014; and

Reasons

1. Basic facts

A. 1) The Plaintiff is a company running automobile rental business, etc. 2) Defendant A is a person performing a vehicle management agency, etc. on the trade name of Defendant C, and Defendant B is a child of Defendant A.

B. On September 3, 2012, the Plaintiff and the Defendant A entered into an agreement on business agency between the Plaintiff and the Defendant A on business agency (hereinafter “instant agreement”) with the content that the Defendant A acting on behalf of the Plaintiff to carry out business activities, such as insurance lending and borrowing services and general car leasing, etc. (hereinafter “instant agreement”).

The main contents of this Convention are as follows. The period of this Convention shall be one year from the date of conclusion of this Convention, and may be extended by mutual consultation. The plaintiff may lend his automobile to the defendant A, the defendant A may buy and lend insurance or lend his general automobiles to the customers, the sales target amount (the sum of the rent that the plaintiff is to receive from the defendant A) and the actual sales amount of the defendant A (the amount that the plaintiff is to receive from the defendant), if the sales target amount is more than the sales target amount, the plaintiff shall pay the difference to the defendant A as the fee, and if the actual sales are less than the sales target amount, the difference shall be paid to the plaintiff if the plaintiff and the defendant A are less than the sales target amount. The contract may be terminated if the plaintiff and the defendant are not in compliance with the purpose of this Convention or are judged objectively inappropriate for performing their duties, or are unable to implement this Convention, or there is no intention to do so. 2) The plaintiff lent the plaintiff to the defendant A YF, KTT, 5 and 30G franchise to the defendant 10.

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