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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant is a commercial agent engaging in the agency business of est telecom, and the Plaintiff is engaged in the business of selling and opening mobile phones to customers by being entrusted by the Defendant’s agent from November 24, 2010 to the name of “B”.
B. From December 2010 to September 30, 2012, the Plaintiff entrusted the Defendant with the business of selling and opening mobile phones.
C. At the time of the commission, the Plaintiff and the Defendant accrued the sales revenue of mobile phones between the Defendant and the Defendant. At the time of the commission, the Plaintiff paid the Defendant a fixed fee for each type of mobile phone sales, and received the remainder from the difference between the installment registration price and the cash sales price, which was deducted from the money returned to the customer. As to the prescribed exclusive sales period and the sales revenue of the mobile phone, the Plaintiff agreed that the sales incentive may be paid (hereinafter “instant consignment contract”).
[Ground of recognition] The fact that there is no dispute, Gap evidence 2, 3, Eul evidence 1, the purport of the whole pleadings and arguments
2. The assertion and judgment
A. 1) Of the fees from January 1, 2011 to September 30, 2012, the Defendant paid 8,434,800 won to the Plaintiff, and the Defendant is obliged to pay 8,434,800 won to the Plaintiff, as the Plaintiff’s alleged customer did not have any obligation to pay the Plaintiff’s unpaid mobile phone entrance fees. However, the Defendant paid the Plaintiff the remainder after deducting the sum of 8,434,80 won from the fees from January 1, 201 to September 30, 2012, the Defendant is obliged to pay the Plaintiff KRW 8,434,800, among the fees from the Plaintiff to the Plaintiff from January 1, 2011 to September 30, 2012.