(영문) 부산지방법원 2018.01.10 2016나47321

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(영문) 부산지방법원 2018.01.10 2016나47321

판매 수수료 등 청구의 소

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1. Of the judgment of the court of first instance, the part against the defendant ordering payment exceeding the following amount shall be revoked.

Reasons

1. The scope of the judgment of this court against the defendant: ① 42,280, ② 259,531,293, and ③ 1,500 U.S. dollars borrowed from the plaintiff by J, who is an employee Vietnam of the defendant, on behalf of the defendant, in relation to the sale of boiler, the plaintiff filed a claim against the defendant for payment of USD 1,50,00,000, which is the sales agency fee, ② 2,000, and ③ all claims are accepted.

As to this part of the part against which the plaintiff lost, since the defendant appealed only to the part of the claim against the defendant, the scope of the judgment at the court below is limited to the part of the claim in the judgment of the court of first instance, and ② the cited amount in the judgment of the court of first instance as to the claim, ③ the cited amount in the judgment of the court of first instance, KRW 15,05

2. Basic facts

A. The Plaintiff is a Vietnamese limited liability company that engages in the import, export, and maintenance and repair of wing-related devices and parts, and the Defendant is a company that engages in the sales and manufacturing of boiler.

B. Around January 2013, the Plaintiff and the Defendant concluded an agreement on the sales agency of the incineration boiler sales agency (hereinafter “instant sales agency agreement”) with a sales agency fee for the boiler produced by the Defendant to Vietnam company.

Major 1. Sales Agency Contract: 50% advance payment of the 1.1 contract amount in the form of approval, 30% B/L payment at the time of issuance, and 20% completion of the trial (the time of submission of the completion report) and payment terms within 7 days after the date of completion of the sale. 2. The same payment is made in the amount of 7% of the subscription amount of item 1.1 in the form of payment for

(The fee for sale shall be paid by 7% on the basis of the FOB unit price of the contract) are as follows:

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

3. The parties' assertion

A. The main point of the Plaintiff’s assertion is the date of the contract.

유사 판례

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