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1. The Defendants jointly and severally set up KRW 210,707,563 as well as KRW 5% per annum from February 2, 2017 to March 30, 2018.
Reasons
Basic Facts
Defendant B Co., Ltd. and D (hereinafter “D”) are companies that set up their head office in New York and plan and provide travel goods, such as the U.S. Eastern Area, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) are corporations with the purpose of overseas tourism and travel agency business, and Defendant C is an internal director of the Defendant Company.
Around 2007, the Defendant Company entered into a contract under which D and the Defendant Company sold travel goods planned by D to domestic travel agencies and received the price therefor from D to pay D (hereinafter “instant contract”) and performed the said business until 2015.
On June 1, 2014, the Plaintiff entered into a business partnership agreement between D and D with the company engaging in the travel agency business, etc., and entered into a business partnership agreement with D to sell travel goods to domestic travel agencies and end-user of the Plaintiff’s travel agency business, etc., and to recover the price and transfer it to D (A evidence 1; hereinafter “instant business partnership agreement”).
The Defendant Company began to pay the sales proceeds of travel products directly paid to D after the Defendant Company began to pay them to the Plaintiff.
D Preparation of a written contract for settlement of payments with D on November 14, 2014, by stating that "A: Defendant Company & Defendant F, and Defendant F: B" is "B" and "A sells, manages, and publicizes products agreed with B on behalf of B to a travel agency in Korea on behalf of B, and then transfers the proceeds derived therefrom to D with the relevant travel agency: A may deposit the proceeds from the travel agency in Korea; A may pay the proceeds to the Plaintiff who was carried out as a Korean gold agency; the payment shall be made immediately after the end of the local schedule of the U.S. on the part of the customer; and for the proceeds unpaid to B, the payment shall be made immediately after the completion of the local schedule of the customer; and the payment shall be made by Party A (Defendant Company and Defendant F individual) shall be fully responsible for the payment."