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1. The Defendant’s KRW 70,000,000 as well as 5% per annum from October 7, 2014 to April 15, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant CompanyB (hereinafter “Defendant Company”) is a corporation established for the purpose of the business of the Possiwa and the business of the development of the Possiwawa, and C is the representative director of the Defendant Company.
B. Around October 2010, Defendant Company entered into a sales contract with D (hereinafter “D”), and Defendant Company entered into a sales contract with VN (VDed Network, Value-Added Network, hereinafter “VN”) service (credit cards and supplementary services provided to D stores) and a credit card terminal (hereinafter “VN”) with D, and entered into a contract with Q711 on January 28, 2014 as a project agreement attached to the above agency contract.
(hereinafter “instant Q711 Contract”). At the time of the instant Q711 contract, the Defendant Company agreed on the number of credit card transactions to be occurred each month at a newly operated franchise store with D (hereinafter “the number of PJT cases of this month”) and agreed on the grant of solicitation incentives from D on the condition that the number of PJT cases of the above agreement should be achieved during a certain period (hereinafter “the achievement period of the number of PJT cases of this month”). However, the Defendant Company agreed to pay a penalty in D if the number of PJT cases of monthly agreements is not achieved.
The “monthly Arrangement PT Number” stipulated in the above contract is 100,000 cases, and the monthly agreement is from January 2014 to April 2014, and the period during which the number of JT during which the monthly agreement should be maintained every month (hereinafter “period of maintenance of the number of JT during this month”) is from May 2014 to April 2017. The recruitment incentive is KRW 183,00,000, and penalty is calculated at the rate of KRW 80,000 per case for less than the number of JT arising from the agreed number of JT.
The Defendant Company received 50 million won as the advance payment recruitment incentive in relation to Q711 contract of this case from D.
C. Thereafter, Defendant Company E (E) and Defendant Company E (hereinafter “E”) leased terminal devices to E (hereinafter “Defendant Company”) on February 25, 2014.