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(영문) 수원지방법원안산지원 2014.06.05 2014가단4767
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1 and 2 (the same as the evidence No. 2) by taking into account the whole purport of the pleadings:

The defendant is a corporation with the purpose of wholesale and retail business of chemical products.

On December 23, 2013, the U.S. A.S.P. changed its trade name. (b)

On September 24, 2013, the Plaintiff entered into a contract with the Defendant to arrange the sale of the Defendant’s goods and to receive the commission.

(hereinafter “instant contract”). The main contents are as follows:

Article 2. The plaintiff's status <2> The plaintiff arranged to enter into a contract with a customer and the company for the goods entrusted by the defendant company, and the fees determined by the defendant company for the concluded contract.

Article 5 Sales Commissions (2) Sales Commissions shall pay 40% of profits to the plaintiff.

(3) Sales amount of commodities - Purchase amount of commodities = The plaintiff who bears the general management expenses under Article 7 for profits shall bear sales expenses necessary for business activities and sales at his/her own expense.

Article 8 The term of validity of this Agreement shall be six months from the date of conclusion of this Agreement, and shall be deemed to have been renewed under the same conditions when the defendant and either the plaintiff do not have any separate notice.

Article 12. The parties to the contract shall be fully aware of the contents of this contract, and in particular, two copies of the contract shall be prepared, signed and sealed, in order to verify that they are not workers, and to verify the fulfillment of all rights and responsibilities under this contract, and one copy shall be kept after signing and sealing.

C. On October 11, 2013, the Plaintiff remitted KRW 3,000,000 to the Defendant’s account.

2. The parties' assertion

A. After entering into the instant contract, the Plaintiff’s assertion that the Defendant could not conduct its business unless the Defendant pays the investment amount to the Plaintiff, and the Plaintiff deposited KRW 3,000,000 in the Defendant’s corporate account.

After that, the defendant on December 24, 2013.

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