손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a company that runs the business of selling communications apparatus, etc., and the Defendant is a person who runs the business of selling mobile phones with the trade name “D”.
B. The Plaintiff and the Defendant entered into a contract on consignment of mobile phones (hereinafter “instant consignment contract”) under which the Plaintiff would pay the Defendant fees according to the sales volume when the Defendant supplied E mobile phone devices from the Plaintiff.
C. Around October 2014, the Plaintiff and the Defendant agreed to pay KRW 37,520,846 to the Defendant with the settlement amount from June 1, 2013 to February 28, 2014 under the instant consignment contract.
The Defendant filed a counterclaim against the Plaintiff (the “Co., Ltd.” stated in the judgment, but this appears to be a clerical error) with this Court Decision 2014Da227086, which sought payment of the consignment sale fee under this Court Order 2014GaGa227086, and the Plaintiff filed a counterclaim (the counterclaim in the first instance) seeking payment of sales commission, etc. under this Court Order 2015GaGa217543, which was the counterclaim, and the above court rendered a judgment in favor of the Defendant on March 7, 2017, and the gist of the Plaintiff, the Defendant’s assertion, and the above
As to the above judgment, the Plaintiff appealed in this Court No. 2017Na103595 (principal lawsuit), 2017Na103601 (Counterclaim), but was dismissed on December 22, 2017, and the said judgment became final and conclusive around that time.
(hereinafter “Related Civil Procedure”) 1. Defendant’s assertion and judgment
A. Claim: The Defendant and the Plaintiff agreed to pay KRW 37,520,846 to the Defendant around October 2014; thus, the Plaintiff is obligated to pay the Defendant the settlement amount of KRW 37,520,846 and the delay damages.
B. Determination: Acknowledgement (a settlement agreement has been reached, as alleged by the Defendant, around October 2014), provided that the following counterclaims are recognized as set-off amounting to KRW 5,355,90 (the amount cited in Chapter 2 and Chapter 4 below), 32,164,946, and this excludes those amounts.