The non-final judgment of the Court of First Instance upheld in its entirety the claim for payment of the remaining part of the sale price resulting from the commission agreement. The client concluded a commission agreement with the defendant, but after the sale of the subject of the agreement, he did not receive the full sale price, even though the commission agent obtained the minimum sale price specified in the commission agreement.
The commission agent, as a professional participant in economic trade, attempted to set off the claim of the Law Firm’s client for payment of the remainder of the price against his claim for coverage of unspecified operating costs related to the sale of the item consigned by the principal.
The court of first instance shared the position of the client represented by the Law Firm that, firstly, since the parties did not agree in the commission contract on any remuneration for the Commission Agent other than a lump sum specified in the contract, the Commission Agent is not entitled to higher remuneration to the Consignment Agent, and secondly, that it is not possible to effectively raise a procedural objection of set-off if no claim for set-off of a due and payable debt has been made.