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(영문) 인천지방법원 2018.03.07 2017가단219866
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established on March 18, 2015 for the purpose of metal trade brokerage, sales business, etc., and the Defendant is a company with the objective of trade consulting business, overseas logistics agency business, etc.

Article 1 [Purpose] The purpose of this Agreement is to prescribe the roles, rights, duties, etc. of the two agents and to promote mutual interests in the delegation of part of the authority to conduct business activities (including authority to conduct purchase activities in Korea and abroad incidental to overseas markets) to the Defendant with respect to the business conducted by the Plaintiff in Ebea account and overseas online markets.

Article 3 [Definitions]

1. Non-business start-up franchises: All services related to business start-up fostering managed under the defendant's responsibility so that the plaintiff can grow up normally in overseas online markets during the term of this contract;

4. The term "amount of sales" means the accumulated sales during the contract period through overseas electronic commerce in the name of the plaintiff;

The standards for sales shall be based on the Framework Act on National Taxes and Value-Added Tax Act.

5. Net profit: 10% of the turnover.

Article 4 [Contents of and Objectives for Non-Plapsy Services]

1. Sales amounting to KRW 250 million: the Defendant, upon delegation by the Plaintiff, can make the Plaintiff’s cumulative sales through an online market as the Plaintiff’s business operator from the date of commencement of the contract at least KRW 250 million within the contract period from the date of commencement of the contract.

2. Net profit amounting to 25 million won: The defendant shall, upon delegation by the plaintiff, allow the accumulated net profit through an overseas market to not less than 25 million won within the contract period from the date of commencement of the contract to the name of the plaintiff's enterpriser.

Article 5 [Price and Organization of Services)

1. Article 4. The total service cost of non-packers shall be KRW 30 million (excluding value-added tax);

2. The service cost of KRW 250,000,000 shall be the sales cost of KRW 12,000,000 (excluding value-added tax) under paragraph 1 of Article 4.

3.The service cost of KRW 25 million shall be the net profit of Article IV, paragraph 2, shall be KRW 12 million (excluding value-added tax).

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