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1. The Defendant’s KRW 12,826,854 as well as 6% per annum from March 18, 2016 to January 13, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a business operator who manufactures and sells household appliances such as bags with brand "Grain," and the plaintiff is a merchant who sells clothes at large sales facilities such as department stores.
B. On August 2012, a standard purchase contract with a special agreement, AK Dpl Co., Ltd. and the Defendant entered into a standard purchase contract with the Defendant in the form of a special agreement to purchase goods on credit under the condition that the goods whose store of AKplad is not sold can be returned, and to pay the sales amount after deducting certain sales revenue from the sales amount.
C. A sales agency contract or interim management contract 1) The Plaintiff and the Defendant: (a) the Plaintiff and the Defendant shall act on behalf of the Defendant for the sales of the goods at the “Semana Akpl Subdivision store”; and (b) the Defendant shall pay to the Plaintiff the agreed fee out of the sales amount by the 10th of the following month (the foregoing “instant contract”).
(2) The Plaintiff paid KRW 5,00,000 to the Defendant along with the instant contract. (2) After that, the instant contract was extended by oral and repreparation of the contract, and the period was terminated on December 2015.
From 7% of the initial sales amount (excluding value-added tax), the fee to be paid to the Plaintiff was changed to 5% on April 1, 2013, and the payment date of the fee was changed from 10th of the following month to 15th of the following month.
[Ground of recognition] Facts without dispute, Gap 1 evidence, Gap 2 evidence, purport of whole pleadings
2. Determination on the cause of the claim
A. The facts that the unpaid fee was 25,482,873 won following the filing of the instant lawsuit do not conflict between the parties, and that the deposit was 5,00,000 won and the deposit was 5,000,000 won, as seen earlier. Since the fact that there was a shortage of 864,50 won as a result of the inventory inspection, the Plaintiff himself/herself is the Plaintiff, the Defendant shall pay to the Plaintiff the settlement amount of KRW 29,618,373 (=25,482,873 won - 5,000,000 won - 864,500 won) and the contract termination of the instant contract.