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(영문) 서울동부지방법원 2018.11.09 2017가단2756

수수료

Text

1. Defendant (Counterclaim Defendant): (a) KRW 15,768,652 to the Plaintiff (Counterclaim Plaintiff); and (b) from April 22, 2017 to November 9, 2018.

Reasons

1. Facts of recognition;

A. The Defendant operated the instant dispatch and the instant agency, and the Plaintiff collected and delivered the instant agency’s instant sales and delivery services from the beginning of 2014 to May 2016.

B. C Co., Ltd. (hereinafter “C”) paid to the Defendant’s operating agency, after deducting from the amount of delivery fees, pre-paid sales, pre-paid sales, and pre-paid sales, etc. received by door-to-door engineers, from the amount of delivery fees, the Defendant’s operating agency paid the Plaintiff the amount obtained by deducting 10% of the above amount from the first fee (excluding value-added tax) from the agency’s operating expenses (excluding sales fees) to the agency’s operating expenses. The Defendant did not pay the said fee to the Plaintiff from August 1, 2015 to May 2016. The amount is KRW 2,263,516.

(Accounting details shall be as shown in the attached Form). [The grounds for recognition are as follows: Fact that no dispute is raised, entry of Gap Nos. 1, and Eul Nos. 1 and 2, and purport of all pleadings]

2. Determination as to the claim on the principal lawsuit

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff unpaid fees of KRW 22,263,516 and delay damages from June 16, 2016 to the day of full payment, except in extenuating circumstances.

B. (1) The defendant alleged a set-off claim by the defendant (A). The defendant asserted that, as follows, the amount of business loans equivalent to KRW 40 million for the plaintiff, and the amount of KRW 4 million for dental treatment expenses paid in lieu, KRW 440,400 for water purifiers, and KRW 440,00 for water purifiers, the above claim of this case cannot be complied with due to the lack of any remaining money when offsetting the plaintiff's claim.

(A) On April 10, 2017, the Defendant claimed a set-off against loans, including KRW 40 million for business funds and dental treatment expenses of KRW 40 million, and on September 11, 2017, the Defendant specified the name of the loans as a counterclaim claim on September 11, 2017. (1) On July 24, 2014, the Defendant asserted a claim for loans based on the statement in the counterclaim. (D) KRW 3950,000,000,000 for the members of the board of directors (hereinafter referred to as “members”), and on April 28, 2015.