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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 19, 2012, the Plaintiff entered into an agency contract with the Han Information Compact Co., Ltd. (hereinafter “instant agency”) with the content that the Plaintiff’s recruitment and management of franchise stores shall be delegated to the instant agency and the commission shall be paid in return for performing its duties.
(hereinafter “instant agency contract”). (b)
Around January 2013, the Defendant entered into a performance guarantee insurance contract with the instant agent with the content of the instant agent, the insured, and the Plaintiff’s insurance period from January 10, 2013 to January 9, 2014; and the content of the guarantee as “payment guarantee under the agency contract”; and KRW 50,000,000 with the purchase amount of the insurance amount (hereinafter “instant performance guarantee insurance contract”).
C. On April 12, 2013, the Plaintiff entered into a special agreement with the instant agency on the payment of fees for attracting new member stores, and the main contents are as follows.
(hereinafter “instant Special Agreement”). (1) The number of project agreements: 80,000 items (2) project commencement and business month: (3) project settlement month from April 1, 2013 to September 30, 2013: 44,800,000 (Lump-sum Payment within 30 days from the date of conclusion of the Special Agreement) project: Assessment of project: The amount paid out of the total amount of the shipment fees if the project is assessed as a failure due to the shortage of the number of project agreements, and including 13% interest per year from the time of payment (hereinafter omitted).
D. On April 17, 2013, the Plaintiff paid KRW 44,800,000 to the instant agency under the instant special agreement.
E. Meanwhile, the instant agency failed to achieve 80,000 cases of project agreements set forth in the instant Special Agreement by October 2013.
F. Accordingly, on April 21, 2016, the Plaintiff’s agent of this case to the Defendant.