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(영문) 서울중앙지방법원 2019.11.05 2018가단5261646
약정금
Text

1. The Defendant: (a) KRW 34,00,000 for the Plaintiff and 15% per annum from November 1, 2018 to May 31, 2019; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 22, 2018, the Plaintiff entered into an agency contract for import and sale on behalf of the Defendant Company and the Defendant Company engaged in the import and sale business of imported vehicles, allowing the Defendant Company to obtain exclusive sales rights in Korea with respect to Sweden C, Netherlands C, Dutsan E, and Italian E, and entered into an agency contract with intent to provide business support for the sale of imported vehicles (hereinafter “instant agency contract”). The main contents are as follows.

B C CD CD D E

B. The Plaintiff entered into a total sales contract with the EU sports car makers for a multi-year period, and made efforts to contact with C (C; hereinafter “C”) a manufacturer of C vehicle based on the experience and know-how in making an import and sales contract with C, and entered into a total sales contract with C (hereinafter “F”) on February 8, 2018, between C and C, the Defendant Company’s sales company (hereinafter “F”) to acquire the exclusive sales right of C vehicle in Korea.

According to the above total sales contract, F acquired the exclusive sales right in Korea that can import 5 to 6 vehicles annually, and C was allowed to export C vehicles to third countries, unlike the prohibition that a foreign importer would normally import C vehicles and export C vehicles to third countries.

C. At the time of entering into the pertinent sales contract with F and the Defendant, the Defendant only owned 50.1% of the F’s shares, but also controlled F’s management, and F was acting as a subsidiary of the Defendant.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff KRW 30,000,000, which is the amount agreed as contract performance as a result of the conclusion of the above general sales contract, pursuant to the contract of this case.

That is, the plaintiff's above.

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