1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 17, 2012, the Plaintiff entered into a contract with C to the effect that “the Plaintiff shall select a company operated by the Plaintiff as the Defendant’s Busan-do Exclusive Sales Agent” (hereinafter “instant contract”) and remitted KRW 50 million to the Defendant’s corporate account under the instant contract.

B. Article 5 of the instant contract provides, “If the Plaintiff was unable to operate an exclusive sales agency within two years due to the Defendant’s problems, the Defendant shall refund the Plaintiff the amount equivalent to twice the business deposit within seven days.”

C. On September 2, 2013, the Plaintiff notified the Defendant on September 2, 2013 that “Inasmuch as the performance of the instant contract was impossible due to a cause attributable to the Defendant, the instant contract is terminated and the Plaintiff seeks payment of KRW 100,000,000,000, which is a double of the sales deposit amount of KRW 50 million.”

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 2 through 4, 11 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. Whether to conclude a contract by the authorized representative, the Plaintiff had the power to represent the Defendant as an employee in charge of the Defendant’s business, and thus, the instant contract was lawfully concluded.

As long as the contract of this case is terminated due to the reasons attributable to the defendant, the defendant asserts that he is liable to pay to the plaintiff KRW 100 million, which is a double of the sales deposit, pursuant to Article 5 of the contract

On May 17, 2012, the following facts are stated: (a) Gap evidence No. 1 (execution of a contract) cannot be used as evidence because there is no evidence to acknowledge the authenticity thereof; and (b) Eul evidence Nos. 5 through 11, and Eul evidence No. 4 comprehensively takes into account the overall purport of the pleadings. On May 17, 2012, "C shall select a company operated by the plaintiff as an exclusive sales agent at Busan Gyeongnam-do," and "C shall select a company operated by the plaintiff as an exclusive sales agent at the bottom of the pleadings."