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(영문) 서울남부지방법원 2018.11.23 2018나53052
영업수수료
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

(b) the facts of the basis;

A. On October 26, 201, the Plaintiff and the Defendant concluded a “business fee payment contract” with the content that the Defendant sold the products supplied by the Defendant through the Plaintiff’s business activities and pays the Plaintiff the sales commission (sales allowance).

(hereinafter referred to as “the instant contract”). (b)

The main contents of the instant contract are as follows.

(The bottom refers to the part related to the plaintiff's claim of this case). The plaintiff and the defendant shall act on the basis of the principle of trust and good faith to promote mutual benefits.

The rate of fees for the relevant equipment shall be as follows, and additional fees for the equipment not currently prescribed shall be paid after separate consultation:

* Sales incentive is paid 25% of the sales price of 3,500,000 won (Additional Tax Map) * 25% of the sales price of 2,600,000 won * 25% of the sales price of 2,600,000 won (Additional Tax Map) * sales incentive payment of 3,00,000 won at the sale of the set of 100 items * the settlement of the fee of 3,00,000 won at the time of sale of the set of 100 items, and the Defendant shall pay the said amount within seven days after sale to the bank account designated by the Plaintiff.

Provided, That in cases of settlement of credit cards, it shall be paid after deducting 3% from business fees.

The plaintiff is prohibited from collecting from customers any sales amount of equipment, such as down payment, intermediate payment, balance, etc., consumed goods, and other amounts with respect to the sales of equipment by the defendant, and the buyer, the contractor, shall pay directly to the defendant's bank account.

The defendant shall consider 50% of the down payment that the plaintiff sold and deposited from the purchaser to the defendant's account, as the loss expenses incurred in relation to the plaintiff's business activities when the purchaser cancels the contract.

The plaintiff is not an executive officer or employee of the defendant company and is an individual business with the third aim of receiving commission fees for sale.

However, in order to raise the plaintiff's sales business, the defendant shall support the name of the defendant company, sales contract, product sprink and other materials necessary for business.

(c).

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