판매수수료
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The basic facts of the claim: ① The Defendant produces and sells organic composts; Nonparty C entered into an agency contract with the Defendant under the name of another person; Nonparty C applied for the supply of fertilizers to the Defendant by using the Defendant’s farmers using the Defendant’s composts in Busan Gangseo-gu District Agricultural Cooperative; and then, via the Plaintiff’s regional agricultural cooperative, operated the business by receiving fertilizers from the Defendant and supplying and selling them to the farmers; and then receiving the fees agreed in advance according to the supply volume; and was detained due to suspicion of embezzlement; ② upon the request of Nonparty D (the title “Executive Director of the Defendant Company”) who manages the Defendant’s agencies as the Defendant’s Busan Busan-nam District Sales Agent (the title of the Defendant Company was used externally). The fact that the Defendant supplied the Defendant’s fertilizer to the local farmers in Gangseo-gu Busan-gu District under the same manner as C by de facto succeeding to the business of the above C; and there is no dispute between the parties concerned; or there is no evidence to prove any interference with the Plaintiff’s presentation and its entire purport.
2. Judgment on the plaintiff's claim
A. The Plaintiff asserted that the Defendant’s fertilizer was supplied and sold to farmers from September 2015 to March 2016, and accordingly, that the Defendant was entitled to the Defendant’s fee of KRW 34 million. Accordingly, the Defendant asserted that the Plaintiff waived its claim.
B. Therefore, according to the purport of the entire statements and arguments in the evidence Nos. 1 and 5, the Plaintiff supplied and sold the Defendant’s fertilizer to the local farmers of Gangseo-gu Busan, taking into account the damages inflicted on the Defendant on December 2, 2015, and the above C and C, taking into account the damages inflicted on the Defendant.