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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Recognizing the following facts, the following facts can be acknowledged in full view of Gap evidence Nos. 1 to 3, Eul evidence No. 1-2 and 3-3.
Around December 16, 2011, the Defendant entered into a contract with the Russian Culture Promotion Association (hereinafter “the first contract of this case”) with the purport that: (a) as to the importation and sale of ice from Russia, the expenses to be borne by the Defendant and the amount calculated by 6% of the expenses paid by the Defendant shall be the Defendant’s profit; and (b) the remainder, other than the expenses paid from the sale proceeds and the expenses paid by the Defendant, shall be the Plaintiff’s profit, and the Plaintiff’s profit shall be the Defendant’s profit, and the Defendant’s expense and profit shall be paid in the order of priority
B. According to the first contract of this case, the Defendant received KRW 504,605,91 from the Defendant, but was paid KRW 380,451,00,02.
C. Around December 30, 2011, the Defendant entered into a contract that is similar to the content of the instant primary contract with the Plaintiff (hereinafter “instant secondary contract”) (the instant secondary contract explicitly stated that the instant secondary contract includes the instant primary contract), and as a result, the Defendant received and sold the instant ice in excess of KRW 55,761,229, in excess of KRW 55,761,229.
2. The parties' assertion
A. The Plaintiff’s assertion is liable to pay KRW 35,761,229, and delay damages, excluding KRW 20,000,000, which the Plaintiff received from the Defendant, out of KRW 55,761,229 as a result of the implementation of the instant secondary contract.
B. The Defendant’s assertion also succeeded to the obligations of the Korea Culture Promotion Association, which is an incorporated association under the first contract of this case, and the above KRW 5,761,229, the money that the Defendant has to receive under the first contract of this case, is KRW 124,154,989, which is the money that the Defendant has to receive.