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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff was the intermediate manager of C Co., Ltd. (hereinafter “C”), and the Defendant occupied the instant branch.
B. The Defendant’s husband D transferred, on behalf of the Defendant, all of the powers pertaining to the instant branch to C.
C. On June 4, 2015, the Plaintiff entered into a trade agreement with C’s employees E (hereinafter “instant agreement”). Under the instant agreement, the instant agreement is printed as “Cjin Point Representative B,” and the seal of the Plaintiff and the Defendant affixed thereon.
In selling the products of the Bank Co, Ltd, "A" and "B" shall be referred to as "A" and "B", and a transaction agreement shall be concluded on the following terms and conditions:
(Purpose) The objective of this Arrangement is to designate “A” as an intermediate manager and provide for all business matters that may arise between “A” and “B” and to achieve the common goals by faithfully implementing them.
Article 2 (Term of Contract and Contract Deposit)
3. “B” shall deposit KRW 10,000,000 (one thousand won) with “A” simultaneously with the contract.
Article 3 (Form of Transaction) "B" shall conduct business in the interim management form, and "B" shall be paid to "A" the settlement amount according to the financial statements fee rate agreed upon in Article 4.
Article 4 (Sales Fees) Sales Fees for Separate Sales Type and 30% SALE 17.6% Individual Business Establishment (including VT) 31-50% SALE 17.6% Special Sales, 51-70% Equitable, 17.6% Equitable 17.6% Special Sales
1.A “A” shall be paid to “B” by applying the following rates of commission by type of sale and by store, in accordance with Article 5:
The sales amount of July 2016 and September 2016 at the instant branch was KRW 11,670,100 and KRW 14,189,80.
E. On September 22, 2016, the Plaintiff received KRW 2,296,800 from the Defendant’s account in the name of the Defendant to transfer KRW 2,296,800.
[Reasons for Recognition] There is no dispute, Gap 1, 2, and 3 numbers.