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1. The Defendant: (a) KRW 13,552,405 for the Plaintiff and its related KRW 20% per annum from December 7, 2013 to September 30, 2015; and (b) October 1, 2015 for the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff and the Defendant: (a) around March 201, 201, the Plaintiff and the Defendant entrusted the Plaintiff with the sale of agricultural products from March 2, 2011 to March 2, 2016; and (b) the Plaintiff is an agricultural product consignment sales contract (hereinafter “instant consignment contract”) under which the Defendant sells agricultural products entrusted by the Defendant.
(2) Article 5 of the consignment contract of this case states that “The Plaintiff shall pay to the Defendant every time when settling accounts for 3% of the commission for the purchase amount of agricultural products entrusted by the Defendant.”
3) The above provision on the payment of fees states that the Plaintiff is directly paying the commission to the Defendant. However, in fact, the period of the consignment contract of this case was calculated from March 2, 2011, but the Defendant settled the sales of the agricultural products sold by the Plaintiff. ② The Defendant settled the sales revenue after deducting the sales cost from the sales of the agricultural products sold by the Plaintiff. ③ The Defendant set the amount calculated by multiplying the sales revenue of the agricultural products by 3%, and ③ the amount calculated by deducting the inventory interest from the sales revenue of the sold agricultural products as “agricultural Cooperative fee”, and the said payment subsidy was paid to the Plaintiff. The amount actually paid was determined after deducting the deduction of the rent, etc. from the payment subsidy. ④ The contract period of the consignment contract of this case was determined from March 2, 2011, but the Plaintiff did not raise any objection and assertion as to the Plaintiff’s assertion that the consignment contract of this case was settled from March 1, 2011 to March 1, 2011.
From March 1, 2011 to December 31, 2012, the sales of agricultural products entrusted by the Defendant was made, and the sales thereof was made from March 1, 201 to May 31, 2013.