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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The parties' assertion
A. According to the Plaintiff’s assertion, according to the performance of the sales contract concluded by the Plaintiff, C, a sales agent, is KRW 33,941,700, which is the sales agent, to pay to the Plaintiff on November 24, 2016.
However, the Defendant received KRW 16,970,850, half of the commission for the sale of goods to be paid to the Plaintiff from C.
Accordingly, the Defendant, without any legal ground, is obligated to pay KRW 16,970,850 to the Plaintiff and delay damages therefrom, since the Defendant obtained profit by receiving KRW 16,970,850 from the sales agency fees to be paid by the Plaintiff and thereby incurred damages equivalent to the same amount to the Plaintiff.
B. The gist of the Defendant’s assertion, the Defendant and D’s sales agency fee of KRW 33,941,70 on the sales agency fee of KRW 50 (Plaintiffs): 50 (Defendants and D). Thus, the Defendant’s sales agency fee of KRW 33,941,70 is reasonable.
Even if there was no such a distribution agreement
Even if the Plaintiff’s distribution ratio of the sales agency fee is merely 35%. However, the Plaintiff already received 23,489,850 won (i.e., 11,879,595 won (=3,941,700 won x 35%) equivalent to its distribution ratio from 33,941,70 won for sales agency fee to 33,941,70 won, and 23,489,850 won (i.e., 16,970,850 won + 6,519,000 won). Thus, the Plaintiff may not claim
2. Determination
A. 1) E is a sales agency for the Incheon F Lodging facilities (hereinafter “instant sales agency”).
The head of the headquarters. The plaintiff is the head of the business team in charge of the sales agency. The defendant and D are the team members in charge of the above sales agency. The plaintiff is the head of the team in charge of the above sales agency. The defendant and D are 1 G H 2,059,710 2, G J 2,059,710 3K L 4,960,710 4 M 3,800,310 5 P 3,800, 380, 36 Q 3,800, 3,800, 310 7 S P 3,80, 310, 3108 U. 3,20, 200, 200, 3108 U. 3,220, 200, 2000 M 3,220,000 L 3,210, 310,310,716