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(영문) 춘천지방법원원주지원 2017.06.14 2016가단34402
약정금
Text

1. Defendant C’s KRW 59,591,80, and the Plaintiff’s annual 5% from August 17, 2016 to June 14, 2017.

Reasons

1. Basic facts

A. The plaintiff is a person who operates wholesale and retail business that sells goods, such as fertilizers, and the defendant B (hereinafter "D") is a company that produces compost and wholesale and retail business, and the defendant C is the representative director of D.

On the other hand, Defendant C receives and operates E which manufactures retirement expenses around March 2015.

B. On October 2015, the Plaintiff and Defendant C entered into a sales agency contract for retirement expenses manufactured orally in E (hereinafter “instant contract”). From around that time to May 2016, the Plaintiff dealt with the manufacturing, sales, and delivery of retirement expenses.

C. From November 1, 2015 to May 10, 2016, E sold to a local farm in the territory of the original city from November 1, 2015 to May 10, 2016, total of 237,420 ggs (based on 20 gs per 1 parcel) and among them, the amount sold to F gs is 36,829 gs.

Defendant C paid to the Plaintiff the sales agency fee of KRW 7,00,000 on February 5, 2016, KRW 6,000,00 on March 11, 2016, KRW 5,000,00 on April 11, 2016, KRW 500,000 on May 11, 2016, KRW 500,000 on May 11, 2016, and KRW 50,000 on May 13, 2016, KRW 19,00,00 on aggregate.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1, 3, 5, 6, 7, 11 (if any, including each number; hereinafter the same shall apply), Eul evidence Nos. 4, witness G's testimony, the court's fact inquiry conducted on December 12, 2016 to the Gangwon District Headquarters of the National Agricultural Cooperative of the Republic of Korea, the purport of the entire pleadings as a whole.

2. We will first examine the determination on the premised issues, as there is a dispute between the Plaintiff and the Defendants as to the parties to the instant contract and the sales agency fees.

1) The Plaintiff’s assertion that the contract of this case was concluded by Defendant C, the actual representative of D, for the work of D, is the Plaintiff.

B) The Defendant’s assertion that the instant contract is for the sale of retirement expenses by Defendant C, which is operated individually by Defendant C, is the Plaintiff and Defendant C. 2) and the recognition of the instant contract was made.

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