1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

원고는 2012. 7. 31. 피고와 사이에 피고의 할부금융과 일반대출 상품의 신청자를 알선하는 등의 업무를 처리하고 실적에 따라 용역수수료를 지급받기로 하는 내용의 업무위�약정, 일명 에이전트 계약을 체결하였다.

In August 2012, the Plaintiff issued a total of 3.49 billion won loan performance, and demanded the Defendant to pay a fee therefor. However, the Defendant did not pay a fee for approximately KRW 1.498 billion among 18 cases, by recognizing that only a total of KRW 1.498 billion is the Plaintiff’s performance, and paid a fee for the remainder of approximately 1.91 billion.1 billion in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 3 (including the provisional number), assertion of the purport of the whole pleadings, and the part on which the plaintiff's assertion of judgment was not recognized as the plaintiff's actual results in August 2012, i.e., total of 18 cases, such as a medium and high-ranking loan and a loan for new purchase, and total of 1.91,146 million won, are also based on the plaintiff's business. Thus, the defendant is obligated to pay to the plaintiff a service fee of 12,812,320 won and additional incentives of 5,734,380 won, total of 18,546,70 won.

Judgment

In full view of the above evidence, witness B’s testimony and witness C’s partial testimony, the Plaintiff mainly dealt with loans to the new or secondary vehicles. If the transferred assets secure transaction partners such as the automobile dealer, the transaction partner shall receive relevant documents from the customers who need the loan to purchase the vehicle and send them to the Defendant. If the loan is made accordingly, it shall be calculated as the performance of the transfer of the vehicle in charge of the transaction partner. Since August 1, 2012, C, who was employed as the Defendant’s regular employee from around August 1, 2012, was unable to receive the fee for the loan through his transaction partner.