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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff is a business operator who sells a mobile phone with the trade name of “C” and the Defendant is a business operator who operates a mobile phone supply business with the trade name of “D”. 2) The Plaintiff sold the mobile phone supplied by the Defendant to the general consumers. In return, the Plaintiff entered into a contract with the Defendant to pay the Plaintiff fees for the sales of the mobile phone. Accordingly, the Plaintiff received the mobile phone from the Defendant and sold it to the consumers.
3) Sales commission not paid by the Plaintiff to the Defendant as of February 2, 2017 is KRW 2,206,400 (including value-added tax) on January 2, 2017, and KRW 3,776,400 on February 1, 2017. [Grounds for recognition] The fact that there is no dispute, Party A’s evidence 1 through 5 (including serial numbers), and the purport of the entire pleadings.
B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Litigation Proceedings, etc. from July 14, 2017 to the date of full payment, which is obvious after the due date, to the Defendant’s delivery of a copy of the complaint of this case to the Defendant as requested by the Plaintiff.
Meanwhile, in the petition of appeal filed on November 2, 2017, the Defendant stated “the amount of damage caused by the settlement of accounts exceeds the amount of the settlement of accounts,” as the grounds for appeal. However, in itself, the above content itself is not clear as to whether the Defendant’s claim against the Plaintiff for sales commission amounting to KRW 9,776,40,00,00 against the Plaintiff, as to the Plaintiff’s claim for sales commission amounting to KRW 3,776,00,00. In the case of a counterclaim, even though it is included in the grounds for appeal, the res judicata effect is limited to the amount claimed by the offset.