물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the Plaintiff’s assertion and the Defendant agreed that “The Plaintiff imported alcoholic beverages from Russia and supplied them to the Defendant, and the Defendant bears import-related expenses and pays 50% of operating income to the Plaintiff after selling alcoholic beverages.”
Accordingly, from January 17, 2005 to February 20, 2010, the Plaintiff supplied approximately KRW 1.1 billion alcoholic beverages.
The profit that the Plaintiff has to receive from the Defendant is KRW 246,881,407 [the total amount of goods KRW 1,107,816,00 - KRW 614,053,186] ¡¿ 50%). The Plaintiff received from the Defendant the payment of KRW 114,796,249 among them, so the Defendant should pay the remainder of KRW 132,103,658 to the Plaintiff.
2. Determination on the defense prior to the merits
A. The Defendant’s summary of the Defendant’s assertion filed a lawsuit against the Plaintiff on the ground of the claim that “the Plaintiff entered into an agreement with the Defendant to receive 1/2 of the net profit in return for the Plaintiff’s deception and the Plaintiff’s lending of the name of the business operator, and then the sales were arbitrarily added and the expenditure was reduced by means of reducing the amount of sales.”
However, in the lawsuit, the plaintiff paid 170,055,618 won and damages for delay to the defendant, which became final and conclusive.
(Seoul Central District Court 2013Kahap57436, hereinafter referred to as "the previous suit"). The lawsuit in this case is in conflict with the decision of recommending reconciliation in the previous suit and thus dismissed as it conflicts with the res judicata.
B. According to the statement in Eul evidence No. 2, the fact that a ruling of recommending reconciliation was rendered and confirmed as alleged by the defendant can be acknowledged.
However, the Plaintiff’s lawsuit of this case is a claim for profit according to the agreement and the prior suit is a claim for unjust enrichment, and thus the “litigation” differs from each other.
A prior suit is filed.