A. On August 27, 2010, the Defendant concluded an agency contract with the main content that the Defendant sells red ginseng products, etc. supplied by the said company as a member store of the said company. Accordingly, the Defendant opened and operated the “C” in Suwon-gu, Busan around September 14, 2010.

B. The amount of goods under the above agency contract that the Defendant is obligated to pay to the said company is KRW 33,576,124 as of June 30, 2014; and the status of the parties to the said agency contract, which the said company had held, following the process of transfer of business and merger after the conclusion of the said agency contract, was transferred to the Plaintiff around April 30, 2015.

(C) A company prior to the Plaintiff, including the amount of the corporation’s land, has been holding the status of a party (hereinafter referred to as “foreign company”).

Meanwhile, according to the above agency contract, the non-party company or the plaintiff has a duty to observe the following matters with respect to the defendant:

(1) Continuous efforts for the quality control of goods or services and the development of sales techniques. ② Installation of store facilities, supply of goods or services, etc. with reasonable prices and expenses to the defendant. ③ Education and training for the defendant and his/her employees. ④ continuous advice and support for the defendant’s management, business activities, and development of other supplementary services (based on recognition)

2. According to the facts established prior to the determination on the claims for principal lawsuit, the Defendant is obligated to pay to the Plaintiff the amount of KRW 33,576,124, and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 12, 2014 to the date of full payment, as the Plaintiff seeks.

3. Judgment on the counterclaim

A. The gist of the Defendant’s assertion was from September 14, 2010 to operate “C”.