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(영문) 의정부지방법원 2014.12.11 2014나52750
판매수수료
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Facts of recognition;

A. A. On November 1, 2009, the Plaintiff and the Defendant: (a) assist the Defendant in operating the business by installing mentora and Accent and frozen self-readers in Emart; (b) agreed to pay to the Plaintiff 7.5% of the sales amount if the amount is less than 50 million won per month; and (c) 5.5% of the sales amount if the amount is above 7.5%; and (d) agreed to the effect that the Plaintiff’s business of operating the business by installing the said self-reader in Emar at around that time; (b) agreed to the said purport, however, the commission was set at 7% of the sales amount

(hereinafter referred to as the “instant agreement”) of the Plaintiff and the Defendant.

The Defendant paid 5% of the monthly sales to the Plaintiff regarding the sales of the key machine installed in Empt, and paid 4% of the monthly sales from June 201 to April 2011, and 3% of the monthly sales from June 2011 to April 2013, respectively.

C. On June 25, 2013, the Defendant sent to the Plaintiff a content-certified mail stating that the instant agreement will be terminated on the ground that the Plaintiff failed to perform its obligations under the instant agreement. From that time, the Plaintiff urged the Defendant to pay the Plaintiff fees for KRW 37,643,537, and for KRW 37,643,537, and for KRW 37,643,537, and for KRW 20,000,00,000, in total, the difference between the fees under the instant agreement and the fees actually received. On August 13, 2013, the Defendant sent the content-certified mail.

【Ground for recognition】 Facts that there is no dispute between the parties to the dispute, Gap evidence Nos. 1, 3, 4, 5, Eul evidence No. 2, the purport of the whole pleadings

2. Determination as to the Plaintiff’s claim related to the sales from April 201 to April 2013, 201

A. The Plaintiff asserted that the fee under the instant agreement is below KRW 50,000,000,000 per month, and KRW 7.5% of the sales if the fee is above that amount, and KRW 5.5% of the sales if the fee is above that amount, and the Defendant’s monthly sales from April 201 to April 2013.

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