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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Presumption
A. The Plaintiff is a company with the purpose of manufacturing, wholesale and retail business, etc. of household goods.
The defendant is a company with the purpose of consignment sale business, electronic commerce business, etc.
C Co., Ltd. (hereinafter referred to as “C”) is a company that developed and manufactured “D” (clocks, such as pressing, etc.; hereinafter referred to as “D”).
B. On March 15, 2013, the Defendant concluded a contract with C to provide D with exclusive supply of D as “the contract term: from March 15, 2013 to March 16, 2014,” and “Quantities: 40,000 feet per set (unit price: 11,220 won per set).”
(hereinafter “instant commodity supply contract”). C.
On March 25, 2013, the Plaintiff entered into a contract with the Defendant to pay a certain amount of fee to the Plaintiff (hereinafter “instant agency contract”) on behalf of the Plaintiff, when the Defendant supplied D from C and sold home shopping broadcasts, refers to the overall work related to the Plaintiff’s explanation and extension of shock products through the home shopping broadcasts. The Plaintiff entered into a contract with the Defendant to pay a certain amount of fee to the Plaintiff (hereinafter “instant agency contract”).
The main contents of the instant agency contract are as follows.
Article 1 (Term of Contract) This Agreement shall be from March 25, 2013 to March 25, 2014.
Article 2 (Roles's Roles) Home shopping (E home shopping, F Home shopping, G home shopping, H, I, and J) The instant agency contract is a broadcasting agency for the Plaintiff through "E home shopping, F home shopping, G shopping, H, I, and J", but in fact, the Defendant is only a broadcast sales through F home shopping, G shopping, and the Plaintiff was acting on behalf of the Plaintiff.
The plaintiff of all business related to broadcasting agency and demonstration shall conduct pure sales agency business, and other accompanying business shall be handled by the defendant.
Article 4 (Fees and Payment) The Defendant shall pay the following fees (including value-added tax) with respect to the Plaintiff’s broadcast agency business:
Item name: D Home shopping.