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1. The Defendant’s KRW 26,295,807 as well as the Plaintiff’s KRW 20% per annum from April 15, 2014 to September 30, 2015.
Reasons
1. Facts of recognition;
A. On February 28, 2009, the Plaintiff entered into a contract with the Defendant for import consignment sales (hereinafter “instant sales contract”) with the content that the Plaintiff received the clothing from the Defendant and sold, and the Defendant received the clothing sales payment and paid 12% of sales commission to the Plaintiff within 10 days thereafter (However, 8% was also applied according to the clothes).
B. According to the instant sales contract, the Plaintiff sold clothing products, such as B and C, at the Gangnam Store of the New World Department Store from around that time to July 2012, from August 20, 2012, to December 2012, and from the Gangnam Department Department, from April 5, 2013 to November 2013, the Plaintiff sold clothing products, such as B and C, at the Hyundai Trade Center.
C. However, from May 2011, the Defendant paid sales commission for the sales price of clothes for which value-added tax was not deducted until April 201, and paid sales commission for the amount calculated by deducting 10% of value-added tax first from the sales price of clothes from May 201, and the difference that occurred from May 201 to November 2013 reaches KRW 26,295,807, as indicated in the separate sheet.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 12, 16, 17 (including additional number), the purport of the whole pleadings
2. According to the facts of the determination on the cause of the claim, the Defendant paid sales commission for the amount after deducting the value-added tax from the clothing sales price from May 2011, and did not pay the difference between the sales commission and the sales commission for the amount not deducting the value-added tax from the clothing sales price.
As a result, the plaintiff suffered a considerable loss.
Therefore, the defendant is obligated to compensate the plaintiff for damages equivalent to KRW 26,295,807.
3. Defendant’s assertion and judgment
A. On May 201, the Defendant’s assertion that value-added tax belongs to the Defendant’s sales agents as a company and it is unfair to give sales commission to the said agents.