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1. The Defendant’s KRW 192,646,711 as well as 5% per annum from July 24, 2014 to September 10, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The status of the parties is a corporation with the purpose of manufacturing, selling, etc. ELD's products, and the defendant, a corporation with the purpose of construction business, etc., was granted the business rights of the plaintiff in the Busan area for the plaintiff's ELD's products.
On the other hand, the defendant's trade name was a gold business corporation, but the defendant completed the registration of change on December 11, 2012, Enoememem Korea Co., Ltd. and on June 7, 2013, respectively.
B. Around 2010, the Plaintiff’s sales right, etc. on the Defendant’s ELD Products (hereinafter “instant sales right”) is the Plaintiff’s business right in Busan, etc., where the Plaintiff can sell and execute the Plaintiff’s ELD Products in Busan, etc. (hereinafter “instant sales right”).
(2) In accordance with the instant business license, the Defendant: (a) sold or constructed ELD products purchased from the Plaintiff under the Defendant’s name, and (b) obtained operating profits equivalent to the difference between the sales proceeds or the construction proceeds that the Defendant received from the other party to the contract and the sales proceeds paid by the Defendant to the Plaintiff; or (c) received from the other party to the contract the Plaintiff under the Plaintiff’s name the sales proceeds or the construction proceeds paid from the other party to the contract, the Defendant obtained operating profits from the method of receiving some of the sales proceeds or the construction proceeds from the Plaintiff as sales fees; (b) the said sales fees were prepared by the Plaintiff based on the unit price table set by the Plaintiff for the settlement of the sales fees and the Defendant, and confirmed the amount of the said sales fees by the method of consultation with the Defendant. (c) From February 10, 2011 to December 5, 2013, the Plaintiff received the total amount of KRW 763,049,150 won from the Defendant to December 31, 2018.