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1. The Defendant shall pay to the Plaintiff KRW 115,00,000 and the interest rate of KRW 15% per annum from November 10, 2017 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that carries on the petling-related product distribution business, and the Defendant is a person who carries on the e-commerce sales agency business under the trade name “B.”
B. Around July 2013, the Plaintiff and the Defendant concluded a sales agency contract with the purport that the Defendant sells any dog-related supplies, etc. sold by the Plaintiff on behalf of the Plaintiff through the Internet shopping mall, etc., and the Plaintiff shall pay part of the profits from the sales agency as sales commission to the Defendant (hereinafter “instant sales agency contract”).
C. According to the instant sales agency contract, the Defendant had engaged in sales agency business for the Plaintiff from the time of the said contract to February 2, 2016 and received sales agency fees.
However, around December 2015, the Plaintiff informed the Defendant of the fact that the sales agency fee that the Plaintiff paid to the Defendant was excessive.
E. On February 16, 2016, the Plaintiff and the Defendant confirmed that KRW 687,130,591 of the sales agency fees paid by the Plaintiff to the Defendant from August 2013 to February 2016 under the instant sales agency contract was excessive, and the Defendant agreed to pay the amount paid to the Plaintiff in installments every four years (hereinafter “instant installment payment agreement”).
Between February 1, 2016 to January 5, 2017, KRW 200,000 for the second year from February 2, 2017 to January 10, 2017, and KRW 3,000 for the third year from February 15, 2018 to January 15, 200,000 for the fourth year from January 15, 2019 to January 200 for the fourth year from February 2019 to January 20, 200,000 for the second year.
F. In accordance with the instant installment payment agreement, the Defendant paid to the Plaintiff KRW 40 million each time from March 7, 2016 to October 31, 2016, a total of KRW 5 million on eight occasions each time. From January 2016 to December 2016, the Defendant, while continuing the sales agency from January 7, 2016 to December 2016, offset the Defendant’s excessive commission that the Defendant would pay to the Plaintiff by the amount of KRW 17,123,914.
G. After that, the Defendant’s instant case since October 2016.