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1. The Defendant: (a) KRW 234,948,722 to the Plaintiff; and (b) KRW 6% per annum from November 20, 2015 to June 30, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation with the objective of developing, manufacturing, and selling all technology and products related to the automation of logistics, and the Defendant is a person who engages in trade business, etc. with the trade name of “C”.
B. Around 2013, the Plaintiff, a fire-fighting unit producer located in Vietnam, imported and sold fire-fighting fire (hereinafter “instant business”), and was introduced by the Defendant from D’s representative E from among those who were to be in charge of the domestic sales of fire-fighting units imported by the Plaintiff, and the Defendant and the Plaintiff were to import fire-fighting units and sell the fire in Korea.
C. The Plaintiff and the Defendant commenced the instant business from around September 2013, including the progress of the instant business, and thereafter, the Plaintiff and the Defendant failed to settle the sales price of fire saws due to the difference of opinions between the Plaintiff and the Defendant, and the Plaintiff did not import fire saws from around March 2014.
From October 2013 to May 30, 2014, the Defendant sold fire saw supplied by the Plaintiff or D (part of the fire saw that the Plaintiff purchased from D was paid to D on behalf of the Plaintiff and imported in the name of the Defendant) in Korea.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1, 2, Eul evidence 43 and 49 (including each number), and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted with the Defendant that he received fire saw with the burden of payment and marine transportation charges, and then transferred fire saws imported from the Defendant in addition to a certain amount of profit (US$6 per ton) to the Defendant, and agreed to sell fire saws, while the Defendant was responsible for the expenses incurred after the import of fire saws (Customs, warehouse expenses, transportation expenses, etc.).
In accordance with the above agreement, the Plaintiff transferred the total amount of KRW 1,256,912,683 to the Defendant, and received total of KRW 248,193,060 from the Defendant.