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The plaintiff (Counterclaim defendant) shall pay 30,718,423 won to the defendant (Counterclaim plaintiff) and the amount from July 21, 2019 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff established a “D” business entity around November 15, 2017, through a private business entity in the name of C, and entered into a consignment contract with the Defendant to accept a transaction from October 2017.
(hereinafter “instant consignment contract”). The Defendant supplied the Plaintiff with the mobile phone purchased from the manufacturer company, and the Plaintiff directly sold to the customer or re-entrusted the sales to the lower seller. The Plaintiff’s subordinate sales store had a “F (the nominal owner of the business registration) business operated by E.
B. In the event that a mobile phone is sold, if the Plaintiff sent the application for H subscription prepared by the customer to the Defendant, the Defendant will proceed with H mobile phone opening procedures.
According to the instant consignment sales contract, ① the Defendant shall pay the Plaintiff fees for the consignment sales instead of collecting the cost of the mobile phone terminal that received fees, etc. from H separately and cash sales from the Plaintiff, and ② the Plaintiff shall pay the amount equivalent to the amount to be recovered to the Defendant where the Defendant is subject to the restitution measures that should return the fees, etc. due to the customer’s early termination in connection with the consignment, fraudulent name theft and other illegal sales reasons, etc.
C. The instant consignment contract was virtually terminated as the mobile phone transaction was discontinued on January 2019.
The details to be settled from October 2017 to January 2019, which began between the Plaintiff and the Defendant, have reached KRW 311,228,340, the amount claimed by the Plaintiff, the amount claimed by the Defendant, KRW 383,370,00, and KRW 60,904,128, as shown in the attached list, and the actual payment amount is KRW 133,135,00, as shown in the attached list.