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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. The Plaintiff is a business operator who runs terri fishery in Dongdaemun-gu Seoul Metropolitan Government with the trade name “D,” and the Defendant entered into a sales agency contract with Non-Party E EF Co., Ltd. (hereinafter “Non-Party E”) on October 25, 2012 and carried out the clothing sales business in the name of “G” from the Nam-gu Incheon Metropolitan City EF (hereinafter “instant store”). The main contents of the sales agency contract are as follows.
The contract period: From October 26, 2012 to October 31, 2013, the defendant shall maintain the facilities in conformity with the facility standards set by the non-party company (if sales are discontinued due to the circumstances of the sales store, the time of termination shall be the date of termination of the contract) and the total expenses shall be borne by the non-party company 50% and the defendant 50%.
The defendant shall deposit the deposit amount of five million won to the non-party company in cash by the commencement date of the contract period.
B. On June 17, 2013, the Plaintiff ordered interior interior interior interior interior and supplementary work of the instant store from the non-party company, and received an order from the non-party company to determine the amount of the order after determining the work details. On June 25, 2013, the Plaintiff determined the construction cost as KRW 34,560,00 (excluding value-added tax) and entered into a construction contract with the non-party company to pay the construction cost in cash not later than the store business day, and completed the interior works (hereinafter “instant construction”).
C. On August 1, 2013, the Defendant signed a written confirmation confirming that the instant construction was completed. D.
On August 7, 2013, the Plaintiff issued to the non-party company a tax invoice of KRW 19,000,000, total of KRW 17,280,000, and tax amount of KRW 1,728,000.
E. On October 25, 2012, the Defendant: (a) temporarily purchased the instant store from the instant store to the point of view while working as a part-time store; and (b) concluded a sales agency contract with the Nonparty Company as seen earlier.