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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company aimed at conducting public opinion surveys and online information provision sales, etc., and Defendant C is the actual operator of Defendant Company.
(1) Date of settlement: settlement at the time of completion of settlement with candidates after the end of E.
(2) Profit sharing principle: Defendant C50%, Plaintiff C25%, and D25%.
(3) Exceptions 1) Defendant C excluded KRW 150,000,000,000,000, such as food expenses and personnel expenses, from the distribution of profits, 20% from the proceeds of text messages (other than business fees) out of marketing items shall be paid to Defendant C to the representatives of the F. of the system management company.
B. From August 2015, the Plaintiff made a profit-sharing agreement (hereinafter “instant agreement”) with Defendant C, D, and E Election (hereinafter “E”) on November 19, 2015, stipulating that the income accrued from the marketing (i.e., public opinion polls, text messages, automatic telephone publicity system, etc.) of Defendant C, D, and E Election (hereinafter “E”) shall be settled as follows:
C. On May 3, 2016, Defendant Company received KRW 218,812,774 from F Co., Ltd., and paid KRW 15,482,635 as the settlement amount to the Plaintiff on May 11, 2016.
In addition, even before the payment of the above settlement amount, the Plaintiff paid KRW 12 million to the Plaintiff.
(total) 27,482,635 Won. D.
Meanwhile, among the sales of Defendant Company, sales related to E marketing are totaling KRW 908,200,494 as indicated below.
Items F (Language) of the agreement on the supply value of goods 745,318,636 74,531,858 public opinion polls 1,200,000 public opinion poll I (1) 3,400,000,3400,000 automatic telephone promotion system I (2) 1,000,000,000 J 5,000,000,000 5,500, 1,500, 8150,000 K (1), 22,50,000,250,250,250,250,250,250,000 public opinion poll L 1,636,363, 637, 200, 3000, 209, 3009, 300, 100, 3009, 3009, 3000