대여금
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 2,364,078,850 as well as February 2, 2018.
1. Acknowledgement and alteration of the judgment of the court of first instance are cited by the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of this court is the same as that of the judgment of the court of first instance except for dismissal or addition as follows:
Part 10 "In the light of the following circumstances" in Part 2 shall be changed to "in the light of the following circumstances":
Part 13, Chapters 5 through 16 are as follows:
(A) The Defendant’s assertion that “(A) under the instant sales agency contract, the tax invoice was not issued even when the issuance of the Plaintiff’s tax invoice was a condition for the payment of the sales agency fee, and the Defendant does not have the obligation to pay the Plaintiff the sales agency fee. (b) As seen earlier, subparagraph 5 of the special agreement of the sales agency contract of this case provides that “In the event of a request for the commission, the Plaintiff shall attach the tax invoice, and the Defendant shall pay it within seven days from the date of the request.” However, according to the purport of the entries and arguments in the evidence No. 4, it can be recognized that the Plaintiff issued the tax invoice of KRW 1,840,509,440 on December 6, 2018 and submitted it to this court. As long as the Plaintiff claimed for the payment of the sales agency fee to the Defendant accompanied by the tax invoice, the Defendant is obligated to pay the sales agency fee to the Plaintiff. The Defendant’s above assertion is not accepted. From the 1
“In accordance with the doctrine of lawsuit, the Defendant is obliged to pay KRW 2,364,078,850 to the Plaintiff “within seven days from the date of the claim” as stipulated in the instant sales agency contract.
However, insofar as there is no evidence that the Plaintiff claimed the above fee against the Defendant before filing the instant lawsuit, it shall be deemed that the Defendant claimed the above fee by serving a duplicate of the instant complaint, and accordingly, the Defendant shall be deemed to have filed the said fee with the Plaintiff on February 2018, which is the date of serving the duplicate of the instant complaint.