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1. The Defendant’s KRW 490,325,455 among the Plaintiff and KRW 448,149,042 among the Plaintiff, shall be KRW 42,176,413 from March 29, 2014.
Reasons
1. Basic facts
A. In around 2013, the Defendant entered into a sales agency contract with two Industrial Construction Co., Ltd. (hereinafter “dusan Construction Co., Ltd.”) which is the contractor of the business (hereinafter “instant business”) and carried out the sales agency business of the said business.
B. As to the instant project, the Defendant and the Urban Bottleneck Co., Ltd. (hereinafter “Urban Bottleneck”) were engaged in the sales agency business, but the said two companies agreed to pay the other party 50,000 won out of the sales commission per household to the households contracted by each company during the pertinent period from September 2013 to November 2013, 2013, and from December 2013 to March 2013, 2013.
C. Urban patriotism filed a lawsuit against the Defendant seeking payment of KRW 169,400,000, which was incurred from September 1, 2013 to November 30, 2013. On August 2, 2014, a decision on recommending reconciliation (hereinafter “decision on recommending reconciliation in this case”) became final and conclusive with the purport that the Defendant would offset the fees to be paid between urban patriotism and the Defendant, and pay KRW 110,00,000 to urban patriotism (hereinafter “instant decision on recommending reconciliation”).
【Ground of recognition】 The fact that there has been no dispute, Gap 2 evidence, Eul 5, 14, and 16 evidence, the result of each party's personal examination by the original defendant representative director, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff performed the sales agency business by entering into a subcontract with the Defendant, and agreed to divide the remainder of the net income, excluding expenses, etc., out of the sales revenue, from the Defendant into 50:50.
Therefore, the Defendant’s sales revenue amounting to KRW 3,286,30,000,00 for business team personnel expenses, and KRW 110,00,000 for business team personnel expenses, and KRW 737,278,308 for planning team personnel expenses, and KRW 50,00 for the remainder of 50,00 for the Plaintiff.