선수금반환
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 18, 2012, the Plaintiff entered into a product supply contract with A (hereinafter “instant contract”) with the content that if A purchases brand goods on behalf of the Plaintiff, the Plaintiff shall directly transfer the price of the goods to a Italian local customer and pay A money equivalent to 2% of the total purchase price of the goods on the date of the storage of the above brand goods (hereinafter “instant contract”).
B. The term of validity of the instant contract is one year, but if special written notice is not given six months before the expiration of the contract period, it is automatically extended every year, and the extension of the contract and the modification of the contract contents are decided by an agreement between the parties six months before the expiration of the contract period.
C. On the other hand, the Plaintiff and A stipulated the special agreement on the instant contract with the following contents on the date of conclusion of the instant contract, and the Defendant signed the agreement as a joint and several surety in accordance with the special agreement.
This Agreement includes the following provisions, as the terms and conditions of the contract entered into on April 18, 2012 between the Plaintiff and A:
1. The Plaintiff should pay A an advisory fee of KRW 3.1 million per month to A in relation to the business of Lone’s Masters.
2.A shall designate a joint and several sureties to verify this Agreement:
The following joint and several suretiess shall be jointly and severally liable with A for all kinds of responsibilities, obligations, etc. under this Agreement.
On September 24, 2014, the Plaintiff notified A of his/her intention not to renew the instant contract, and requested the return of 411,759.65 U.S., which is the remainder of the purchase price of the goods that the Plaintiff paid in advance to A.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment on the ground of the Plaintiff’s claim
A. The plaintiff's assertion 1 of the parties is based on the contract of this case.