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1. The Defendant shall pay to the Plaintiff KRW 100,036,870 as well as 20% per annum from July 22, 2014 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company with the objective of open and operation consulting, etc. for distribution store, and the Defendant (BB corporation to the present trade name on February 12, 2014) is a company with the purpose of wholesale and retail of products of Germany C.
B. During the period from August 4, 2013 to April 20, 2014, the Plaintiff employed sales promotion workers at major discount stores, such as slot and home flass, and continued to conduct promotional events, such as promotional activities for C company’s cleaning goods imported and sold in Korea by the Defendant for exclusive use.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 5, and 11 (including provisional number), witness D's testimony and the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion is that the Plaintiff entered into a service contract with the Defendant to act for the Defendant as an agent for the promotion of the Cratulation for the purpose of selling Cratulations in Korea, and received KRW 13,956,602 from the Defendant on April 9, 2013, but did not receive KRW 100,036,870 from August 4, 2013 to April 2014. The Plaintiff was obligated to pay the said money and damages for delay to the Plaintiff.
B. The gist of the Defendant’s assertion is that KRW 13,956,602, which the Plaintiff claimed that he received from the Defendant on April 9, 2013, was the money paid by the Defendant to the Plaintiff on behalf of the Hong Kong branch upon the Defendant’s request from the Hong Kong branch. The Defendant did not have any duty to respond to the Plaintiff’s request on the grounds that there was no signing of the service contract between the Plaintiff and the Plaintiff for the promotional event
3. Determination
A. According to the overall purport of Gap evidence Nos. 6 to 10 (including each number), witness D's testimony and pleading as to whether a contract for the promotional event agency service was concluded, the defendant imports German C's household cleaning goods for the purpose of selling them to Korea.