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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. From around June 20199, the Plaintiff and the Defendant entered into a partnership agreement with the content that: (a) from around June 20199, the sales commission imposed on the Defendant’s and the Defendant’s affiliated agency for the Abandoned Motor Vehicle D Agency in Yongsan-gu Seoul, and sold the Abandoned Motor Vehicles and that the amount equivalent to the sales performance of the Plaintiff and the Plaintiff’s employees, out of the sales commission paid each month from the Abandoned Motor Company to the Defendant, should be paid on the 20th day of the following month (hereinafter “instant partnership agreement”).
Around that time, the Plaintiff started the car sales business under the instant agreement with three employees of the Plaintiff on the third floor of the building located in Yongsan-gu I, which is a part of the instant agency.
B. Around June 2013, the Defendant received KRW 20,000,000 from the Plaintiff as the same business deposit, and issued a loan certificate to the Plaintiff on November 21, 2013, and thereafter, the Plaintiff was unable to pay KRW 10,000,000 to the Plaintiff. On December 23, 2013, the Defendant issued a loan certificate to the effect that the Plaintiff borrowed KRW 30,000,000,000 with interest and unpaid sales commission without setting the due date.
C. From May 2015, the Defendant continued to delay part of the sales commission for the Plaintiff (including sales commission for the Plaintiff’s employees; hereinafter the same shall apply). On December 20, 2015, the unpaid sales commission amounting to KRW 67,622,505, including KRW 33,547,270, Nov. 20, 2015.
On December 21, 2015, the Defendant deposited the sales commission of KRW 33,00,000 in total with the Plaintiff’s new bank account under the Plaintiff’s mother F, and KRW 30,000,000 in total with the amount of KRW 30,000 on the 30th of the same month, and the Plaintiff first appropriated the overdue sales commission in the order of priority.
Accordingly, the overdue charge remaining as of December 31, 2015 is the sales commission for November 2015.