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(영문) 춘천지방법원 2020.02.12 2018가단58345
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a consulting company specializing in the distribution of environment-friendly agricultural materials and microorganisms for agriculture and livestock, and the plaintiff was engaged in the agency business selling the defendant's goods.

B. The Plaintiff and the Defendant concluded an agency business contract on July 1, 2016.

The instant agency business contract provides the Defendant with the Defendant’s product to the Plaintiff, and the Plaintiff secured the Defendant’s product sales place, and if the Plaintiff successfuls in the business activities that the Defendant supplied the Defendant’s product to air pest control business, the Defendant provides the Plaintiff with business fees.

In relation to the above case, the details related to the business of supplying goods and the provision of fees shall be as follows:

Article 4 (4) In the case of air pollution response projects, Gap (the defendant) shall pay to Eul (including the plaintiff) an amount calculated by subtracting from 50% of the total project cost the business expenses of Gap (the defendant) by C association fees and the business expenses (the total project expenses shall be less than 5%) by mutual agreement.

(5) In cases of air pest control projects, Gap (Defendant) shall pay the operating fees to Eul by the end of the following month from which the total project cost is deposited.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion

A. Nonparty D, the husband of the Plaintiff, supplied the Defendant’s products as air pest control products at the time of entertainment, and the sales amounting to KRW 175,00,000 to the Defendant’s Si interest in around 2018.

Therefore, the defendant should pay 78,750,000 won sales fees to the plaintiff, which is 45% of the above sales fees.

B. D supplied the Defendant’s product as an air pest control product at the time of Busancheon, and around 2018, the Defendant’s sales amounting to KRW 71,00,000.

Therefore, the defendant should pay 17,750,000 won sales fees to the plaintiff, which is 45% of the above sales fees.

C. D supplied the Defendant’s products to Gangseo-gu Seoul Metropolitan Government, and around 2018, sales to the Defendant’s Gangseo-gu amounting to KRW 67,00,000.

The fee rate for the above business is 40%.

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