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1. The Defendant shall pay to the Plaintiff KRW 43,647,041 and the interest rate of KRW 15% per annum from June 27, 2015 to the day of complete payment.
Reasons
1. Basic facts
A. On May 1, 2014, the Defendant entered into a joint venture agreement (hereinafter “instant partnership agreement”) with the Central Daily Media Co., Ltd. (hereinafter “Central Daily Media”) as follows.
-Central Medias shall establish and implement an action plan for regular media promotion and events, in good faith, the timing and method that can accommodate the Defendant's products and technologies in the market;
-the Defendant will pay 5% of the total sales of the Defendant to the Central Daily Health Media in return for raising the external awareness of the Defendant’s products and technologies and directly promoting its business.
B. The Central Health Media and the Defendant agreed to terminate the instant partnership agreement at the end of September, 2014 or at the beginning of October, while engaging in a joint project pursuant to the instant partnership agreement.
C. On December 31, 2014, the Plaintiff merged central healthcare media.
[Reasons for Recognition] Uncontentious Facts, Entry of Evidence Nos. 1 to 3, the purport of the whole pleadings
2. The assertion and judgment
A. The parties’ assertion (1) While cancelling the instant partnership agreement, the Plaintiff’s Central Health Care Media and the Defendant set the advertising price of KRW 49,50,000 for the advertisements performed by the Central Health Care Media, and agreed to pay the remainder of the advertising price of KRW 49,50,00 for the advertisements performed by the Central Health Care Media, with the amount of KRW 5,852,959 for profit distribution under the instant partnership agreement set forth as KRW 5,852,959 for profit distribution and advertising price of KRW 49,50,00 for profit distribution and KRW 49,50 for profit distribution.
The defendant pays only KRW 5,852,959, and does not pay the remainder of KRW 43,647,041.
(2) Although the Defendant’s Central Health Media agreed to terminate the instant partnership agreement, it did not agree on the amount that the Defendant has to pay due to the termination of the contract.
In addition to the amount of profit distribution under the partnership agreement of this case, 5,852,959 won shall be paid.