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The part of the judgment of the first instance, including the plaintiff's claim expanded by this court, against the defendant is as follows.
Reasons
1. Basic facts
A. On July 2010, the Plaintiff, B, and D commenced the said sales agency business (hereinafter “F sales agency business”) that sold the “E” in Jeju Special Self-Governing Province to China and received sales commission from the F, and that the Plaintiff, B, and D divided the sales commission from the F.
B. From July 201, F from around July 201, remitted the sales commission to “G” operated by D, and D distributed the profits to the Plaintiff and B after deducting the expenses from the sales commission received.
C. Around October 201, the Defendant participated in the F Sale Agency Project run by the said Plaintiff, B, and D.
D did not pay from November 201 to the Plaintiff the proceeds of the Franchising agency business.
E. The Fran-out agency project was terminated on July 2013.
F. When the Plaintiff continuously demanded D to distribute profits, D paid each of the instant bills to the Plaintiff from June 2013 to October 2013, 2014, around 344,429, and around January 2014, around 250,000, respectively.
G. Since then, D distributed earnings from B and the Defendant except the Plaintiff, and the Plaintiff continued to demand the distribution of earnings from D, D transferred 153,567 bills out of its profits to the Plaintiff around December 2015.
H. From November 201, the sales commission paid to “G” on the part of F from November 201 to the completion of the said F-sale agency business is 3,927,378 bills, and the total cost incurred in the course of F-sale agency business is 1,334,563 bills. D’s 34,429 bills and 250,000 bills paid to the Plaintiff around June 201 and January 2014 are included in the above expenses.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings
2. The parties' assertion
A. At the time of the commencement of Plaintiff F’s sales agency business, the Plaintiff, B, and D decided to distribute earnings in 40%, B, and D each 30% by the Plaintiff, and the Defendant, while participating in the above business, was 32.5%, B, D, and Defendant (hereinafter “Defendant, etc.”).