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1. The Defendant shall pay to the Plaintiff KRW 20,916,195 and the interest rate of KRW 20% per annum from October 3, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who operates “B” stores engaged in attracting subscribers to mobile communications services, and sales of devices, and related articles. The Defendant (former trade name: AEM Co., Ltd.) is a corporation established for the purpose of wholesale and retail of mobile phones, mobile phone communications business, etc.
B. The Plaintiff entered into an entrustment contract with the Defendant, an agent of CJHVS Co., Ltd. (hereinafter “CJHHV”), for the sales of mobile phones and for the subscription to mobile communications services (hereinafter “instant entrustment contract”), and accordingly, CJHV entered into a contract for the sales and subscription of mobile phones with CJHHVS, which provides mobile communications services.
C. According to the instant consignment contract, the Plaintiff concluded 9 mobile phone sales and subscription agreements between March 25, 2014 and June 16, 2014 through the Defendant.
(Specific details and the relevant fees are as follows) - From March 25, 2014 to March 31, 2014: 5 cases, 3,110,000 won - from April 2, 2014 to April 30, 2014: 20 cases, 10,352,600 won - From May 7, 2014 to May 28, 2014: 47 cases, 32,653,00 won -640 won from June 2, 2014 to June 28, 2014: 27 cases, 20,640 won
D. The Defendant paid the Plaintiff fees for the sales of the aforementioned CJHV mobile phone and the conclusion of the subscription agreement as follows.
- On April 15, 2014: KRW 3,110,00 for March 2014; KRW 8,300,000 among the fees for April 15, 2014; KRW 2,00,000 among the fees for April 2014; and KRW 15,000,000 among the fees for April 17, 2014; and KRW 17,429,405 among the fees for May 15, 2014; the purport of the whole oral proceedings is as follows: 17,429,405, out of the fees for April 2014;
2. According to the above facts of determination as to the cause of the claim, the Defendant took place between March 25, 2014 and June 16, 2014 pursuant to the instant consignment contract to the Plaintiff.