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(영문) 수원지방법원 2019.12.12 2019나56524
용역비
Text

1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered under the following sub-paragraph (2) shall be revoked.

Reasons

1. Facts of recognition;

A. On February 11, 2016, the Plaintiff, a corporation engaged in the export, import, sales, etc. of alcoholic beverages, entered into a sales agency contract with the Defendant, a corporation that is engaged in environmental engineering and related technology services, etc., on behalf of the Chinese importer of the “portable Water Production Plant” (hereinafter “instant product”). The main contents of the contract are as follows.

(A) Under the contract, the Defendant’s status of Article 2 Section B is “A” and “B”. The status of Article 2 Section B is to enter into a contract between the customer company and “A” through business activities and to enable the customer to pay the price.

For this, Eul shall be paid from Gap a sales agency fee specified in this Agreement.

Article 3 (1) The scope of entrusted duties shall be as follows:

1. Introduction and business activities of products to potential Chinese customers;

2. Activities and affairs related to the conclusion of a contract, acceptance of orders, payment, delivery and post management;

(3) A customer shall be responsible for all services for responding to customer complaints (A/S), inland transportation, customs support, and other necessary services and activities in China.

Article 6 (Business Agency Fees) (1) In cases where Party A supplies products to a customer through business activities of Party B, Party A shall pay Party B a business agency fee.

(2) Fees shall be as follows based on the written orders issued by customers:

Fees = Quantity of delivery = (customer price of customer - supply price) - additional cost deduction amount as of February 11, 2016 = 150 RB (sale price - supply price of 450 RB) 】 quantity of delivery - amount of gambling expenses (3,600 won x quantity of 1.2 million won) ? 50 million won in principle.

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