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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
1..
Reasons
1. Basic facts
A. The Plaintiff is a person who purchased the Marart from B (hereinafter “the instant marina”) and runs a retail business. The Defendant is a company that engages in the manufacturing business of ice manufacturing, etc.
B. Around October 31, 2012, Defendant and B entered into a contract with the following content, which supplies ice products, etc. to B (hereinafter “instant contract”).
Article 2 (Contract Amount and Contract Period)
1. Agreed transaction amount: Geum million won (based on supply price and value added tax separately);
2. Period of contract: Article 3 (Conditions of Transaction) (24 months) from October 1, 2012 to September 30, 2014;
1. The supply price of general goods shall be 55% of the ex-factory price in consultation with subparagraph B (B).
2. In addition, as a condition to achieve the agreed amount, support the gold million won with a sales incentive, etc.
3. If the sale (based on the supply price) of B during the term of this contract is below the amount of this contract transaction, the term of this contract shall be automatically extended until the fulfillment of that contract.
Article 5 (Matters for Support)
1.(1) Subject to the fulfillment of the agreed transaction amount after the conclusion of this contract, Eul may apply for the advance payment of the sales incentive under the above-mentioned terms.
C. According to the instant contract, the Defendant pre-paid the sales incentive of KRW 6 million around October 2012 to B, and supplied ice products, etc. totaling KRW 32,680,154 from around November 201 to October 10, 2014.
The Plaintiff acquired the instant marina from B around October 2014, and then on November 7, 2014, issued a certificate of succession to the sales contract (hereinafter “instant certificate”) with a seal affixed thereon to the Defendant, and received ice ice ices worth KRW 17,447,008 from November 2014 to April 26, 2016 from the Defendant.
E. When the contractual transaction amount stipulated in the instant contract (50 million won) has been achieved, the Defendant once again enters into a contract with the supply price that does not provide a sales incentive on May 2016.