선수금반환
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is a person who sells soil-related teaching materials and Internet lecture programs, etc. with the trade name of C, and the Defendant is a person who has operated business, such as the supply of teaching materials, to a high school located in Daegu.
B. On September 201, 201, the Plaintiff became aware of the Defendant as the introduction of D from the hotel located in Daegu to the hotel, and from that place, the Defendant and the Defendant conspired with the Defendant to the high schools located in Daegu and Gyeongbuk-gu so that the Plaintiff may conduct business and public relations activities, and the Plaintiff agreed to pay the Defendant a prescribed amount of money in addition to the above interference.
(hereinafter referred to as “instant agreement”). C.
After the instant agreement, the Plaintiff paid KRW 20 million to the Defendant on September 24, 201, KRW 10 million, KRW 5 million on October 10, 201, and KRW 20 million on November 2, 2011.
The Defendant: (a) from November 15, 201 to December 6, 2011, from around 15, 2011, concluded a contract with the Plaintiff for the sale of 146 teaching materials and Internet lecture programs by engaging in business and public relations activities at the above high schools.
[Ground of recognition] Facts without dispute, entries or voices in Gap evidence 1 to 4, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s agreement of this case is that if the Plaintiff’s business profit occurs due to the Defendant’s business and public relations activities, that is, if a contract for the sale of teaching materials and Internet lecture programs was concluded, the Plaintiff shall be paid KRW 50,000 per contract to the Defendant, and once once the Plaintiff paid advance payment to the Defendant, it is agreed to settle the total amount of the above fees and advance payment.
The plaintiff paid 20 million won in advance on the ground that the defendant could have avoided 30 high schools, and the defendant paid 20 million won in advance. The defendant had only 10 high schools in which he did so, and the contract which was sexually formed was also 146 cases.
Therefore, the defendant is 146 cases among the advance payment of 20 million won received from the plaintiff.