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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the statements and arguments set forth in sub-paragraphs A(1) through (5), A(1) and B(2), and the purport of the whole arguments.
The plaintiff is a company with the purpose of selling and managing credit card terminals, and the defendant is a company engaging in the credit card transaction approval agency service business.
B. On July 22, 2010, the Plaintiff entered into an agency contract with the Defendant to be entrusted with the sale, maintenance, and management, etc. of credit card terminals.
C. On July 23, 2010, the following day, the Plaintiff and the Defendant entered into an agreement with the Plaintiff to additionally charge the Plaintiff’s business of securing credit card merchants and maintaining and managing credit card merchants, and to pay grants to the Plaintiff (hereinafter “instant marketing activation agreement”).
After that, on July 8, 2011, the Plaintiff and the Defendant concluded an agreement with the Plaintiff to pay a total of KRW 130,000 (value-added tax separate) grants to the Plaintiff (hereinafter “instant modification agreement”) by modifying part of the content of the marketing activation agreement.
E. On July 13, 2011, the Defendant remitted KRW 59,478,904 to the Plaintiff’s account pursuant to the instant modified agreement.
2. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff a bounty of KRW 130,00,000 and its value-added tax of KRW 13,00,000 as well as KRW 143,00,00,000, less KRW 59,478,90 paid on July 31, 201, and deducted KRW 83,521,096 ( KRW 14,300 - KRW 59,478,90), and delay damages therefrom.
B. The defendant's defense 1) asserts that the defendant paid the whole amount of the incentives as stipulated in the amendment agreement of this case to the plaintiff. 2) In full view of the evidence and the purport of the whole argument, the following facts can be acknowledged.