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(영문) 광주지방법원 2019.06.13 2018가합1157
수수료청구 등
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is a company running a special tea sales business. The Defendant is a company running a special tea sales business, and C is a company running a special tea sales business, and C is a company holding office as the representative director of the Plaintiff from May 17, 2012 to December 5, 2016.

B. C had its representative registered on November 1, 2013 with the name of D (ju) as the name of C, Seo-gu, Gwangju E and Fdong.

C. On February 21, 2019, C transferred to the Plaintiff all the monetary claims arising from a special tea sales contract and the cancellation thereof to be paid by the Defendant (hereinafter “transfer of claims in this case”), and notified the Defendant of this on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 7, 8, 13, and 14, the purport of the whole pleadings

2. Judgment as to the main claim

A. On March 2016, the Plaintiff entered into a business contract with the Defendant with the content that: (a) the Plaintiff sold the special model manufactured by the Defendant to the domestic market exclusively; (b) the Plaintiff was responsible for the follow-up management of the special model car sold; and (c) the Plaintiff was paid KRW 1 million per 1,000 per 1,000 per 1,000 per 1,000 for the special model under the pretext of the sales commission therefor; (d) the Defendant did not pass through the Plaintiff on March 2018; and (e) violated the said business contract by directly selling 4,00 for the special model 32 vehicles sold by the Plaintiff; and (e) the Defendant did not pay the automobile inspection and management expenses for the special model 48 million won (=6,00,000 won x 4,000 won x 300,000 won); and (e) the Defendant did not have the obligation to pay the Plaintiff the sales fee to the Plaintiff (i.e., the Plaintiff and the 21 million won).

B. The plaintiff's primary claim is determined.

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