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(영문) 서울중앙지방법원 2020.02.06 2018가단5196353
정산금 청구의 소
Text

1. The Defendant’s KRW 102,151,032 as well as 6% per annum from September 8, 2017 to February 6, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 14, 2012, the Plaintiff and the Defendant concluded a sales agency contract (hereinafter “instant agency contract”) with the content that the Defendant operates and sells the Plaintiff’s products in Busan, South, Daegu, and North Korea, etc., and the Plaintiff would pay differential business fees in accordance with the size of sales.

B. The main contents of this case’s agency contract are as follows.

The defendant shall have the right to receive fees in relation to all contracts entered into with the customer for the sale of the product within the contract area during the term of validity of this contract.

5.2The amount of fees to be paid to the defendant for the sale of products within the area of the contract shall be set forth in Appendix 2 of this Agreement.

Fees shall be calculated and paid only for the net purchase price of the products in the invoice issued and received by the plaintiff.

No fee shall be charged to the amount of the invoice for the expenses, such as freight packing costs, freight carriage, insurance, customs, tax, etc.

5.6Payment of operating fees. (1) In case of a foreign capital contract, the payment shall be made in cash from the head office of the Korea Customs Service within 60 days from the date of issuance thereof.

Added Me2 Product Sales Price and Business Fee Payment

2. The Plaintiff shall calculate and pay the Defendant’s operating fees as follows. (a) If the Plaintiff proceeds in the sale of foreign capital, each fee shall be paid differently in accordance with the discount rate applied at the time of the contract for the calculation of the commission. Special sales (in the case of sales exceeding 300 km, the applicable discount rate and the fee shall be subject to prior approval of the Plaintiff’s operating representative, and a separate fee shall be subject to application.

In case of Cros b cross-border, new business development and special sales omitted shall be conducted with the prior approval of the plaintiff, and the discount rate and fee rate shall be applied separately according to the plaintiff's business policy.

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