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(영문) 서울중앙지방법원 2020.06.09 2019가단5033763
수수료지급 청구
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 78,639,00 to the Plaintiff (Counterclaim Defendant) for KRW 78,639,00 and its amount from January 1, 2019 to June 9, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a company that engages in the mutual aid and sales business and the insurance sales business. The Defendant is a company that engages in the mutual aid and placement business, etc., and C (hereinafter “C”) is a company that engages in the mutual aid service business that provides the members who concluded mutual aid agreements with respect to family rites related to coming-of-age, marriage, funeral, funeral and worship.

B. On November 20, 2017, the Defendant entered into a contract with C to invite members to recruit members of C and C to pay subscription fees to the Defendant.

C. Around January 2018, the Plaintiff entered into a contract with the Defendant to entrust the Plaintiff with the recruitment of full-time members and the Plaintiff to receive the recruitment fees from the Defendant in return for the performance of entrusted duties (hereinafter “instant contract”). D.

Under the instant contract, the Plaintiff performed the business of recruiting regular members from January 2018, and the Defendant paid monthly recruitment fees to the Plaintiff as of the end of the following month.

E. The Plaintiff performed the recruitment business by November 2018. The Defendant did not pay to the Plaintiff a recruitment fee of KRW 30,327,000 for the month of August 2018, KRW 25,014,00 for September 2018, KRW 18,513,00 for October 18, 2018, and KRW 78,639,000 for November 4, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, Eul evidence Nos. 6, 8, and 9, the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts of the above recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the unpaid recruitment fee of KRW 78,639,000 and delay damages therefor.

On the other hand, the plaintiff asserts that the unpaid recruitment fee is KRW 79,530,000, but the statement in Gap evidence No. 4 alone is sufficient to recognize the above assertion.

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