(영문) 서울동부지방법원 2019.04.26 2016가단136706

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(영문) 서울동부지방법원 2019.04.26 2016가단136706

약정금

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1. The Defendant’s KRW 9,660,00 for the Plaintiff and KRW 5% per annum from August 1, 2014 to April 26, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant enter into a contract on entrustment of business affairs 1) The Plaintiff is a business entity running D points, which are mobile telephone sales agents in Bupyeong-gu, Busan Metropolitan City C, and the Defendant is E Co., Ltd. (hereinafter “E”).

(2) On May 27, 2014, the Defendant concluded a contract on the entrustment of business affairs between the Plaintiff and the Plaintiff to entrust the Plaintiff with the business affairs entrusted by E, etc. and the business affairs related to the sales of mobile phones, etc.

(hereinafter “instant entrustment contract”). Article 3 (Scope of Entrusted Business) (1) The scope of business entrusted by the Defendant to the Plaintiff is as follows:

1. Sale of products provided by the defendant (such as mobile phone terminals, hearts, etc.);

2. Sale of goods, etc. ( mobile communications services, etc.) sold by the defendant;

3. Publicity, management, sales promotion, and other related affairs for the affairs as referred to in the above 1 and 2;

4. In relation to subparagraphs 1 through 3 of Article 11 (Payment of Fees) (1) In the event that the Plaintiff sells products or goods, etc., the Defendant shall settle accounts on a monthly basis and pay fees to the Plaintiff at the end of the following month of the sales month.

④ In order to pay fees under paragraph (1), the Defendant shall settle and notify the details of the payment of fees in advance to the Plaintiff, and if the Plaintiff consents thereto, the fee shall be paid.

Article 12 (Recovery of Fees) (2) The defendant shall not pay the fee to the plaintiff in any of the following cases in relation to the customer, and may recover the full amount of the fee already paid, if any:

7. Where a customer has opened an illegal act within the time limit set for the defendant's business sales after new admission and is terminated ex officio by E, etc.;

9. Other recommendations on the collection of fees other than those in question.

유사 판례

-서울동부지방법원 2019.05.08 2018나1751

-서울동부지방법원 2020.05.29 2019나1789

-대전지방법원 2017.02.06 2015가단35468

-대전지방법원 2017.09.13 2017나102615

-서울동부지방법원 2017.02.09 2014가합106500