약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
The Plaintiff agreed to receive KRW 10,000 per case of sale of health food under the condition that he/she transfers his/her film “C” to the Defendant, and thus, the Plaintiff seeks payment of KRW 40,40,000,000,000, which is calculated by subtracting KRW 500,000,000 already paid by the Defendant from the amount of KRW 40,90,000 sold health food.
On this issue, the defendant asserts that the plaintiff cannot respond to the plaintiff's claim since he did not conclude an agreement with the above content.
In light of the purport that the Plaintiff and the Defendant’s written confirmation (Evidence A No. 4) of D’s written reasons for non-appearance that D had been adopted as a witness but failed to appear, that is, financial problems were not known to the Plaintiff, and that the Plaintiff cannot intervene in the instant case, it is insufficient to recognize that the agreement was concluded solely with the descriptions of evidence No. 1-2, No. 2, No. 2, No. 3, and No. 5, and there is no other evidence to support that the agreement was concluded between the Plaintiff and the Defendant, and thus, the Plaintiff’s above assertion is rejected without examining any further.
Therefore, the plaintiff's claim of this case is rejected as it is without merit, and it is so decided as per Disposition.