1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that runs the business of distributing and selling effective composts. Defendant C is the representative director of the above company.

The plaintiff is a person who sells retirement expenses produced by the defendant company with the defendant company and is to receive fees.

B. On April 28, 2016, the Plaintiff and Defendant C and D, a joint representative director of the Defendant Company, settled the unpaid fees at KRW 6,056,763 (=27,606,763 - 21,550,000 on the aggregate of the fees to be paid by the Defendant Company to the Plaintiff, and the unpaid fees at KRW 21,550,00,00 (=27,606,763 - 21,50,00).

(hereinafter referred to as “instant settlement”). (c)

On the other hand, before the settlement of this case, the Defendant Company paid 10,000,000 won to the Plaintiff as advance payment, and 10% of the business expenses to be paid by the Plaintiff should be deducted from the aforementioned advance payment.

As of the settlement date of this case, the balance of the advance payment is KRW 9,580,00. As of the closing date of this case, the transaction relationship between the Plaintiff and the Defendant was terminated.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, witness D's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion by the parties concerned seeks payment of the unpaid fees of KRW 6,056,763 and damages for delay from January 4, 2017 to the Defendants.

The defendant company asserts that the plaintiff should pay 3,523,237 won, which is the difference, to the defendant company by offsetting 6,056,763 won from the balance of advance payment of KRW 9,580,000.

B. According to the above facts of recognition, the Defendant Company should pay the Plaintiff a fee of KRW 6,056,763, barring special circumstances.

Meanwhile, the Plaintiff asserted that Defendant C should pay the unpaid fee to the Plaintiff jointly with the Defendant Company.