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1. The plaintiff's appeal is dismissed.
2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.
Reasons
Basic Facts
Around 2010, Defendant and C entered into a business entrustment agreement with Co., Ltd. (hereinafter referred to as “C”) for the purpose of telecommunication and solar power generation system projects, etc.
Under the above contract, the Defendant, as a C’s branch office within the Ulsan-si area, entrusted with affairs such as the design/surine, business, contract (contract execution), and collection of solar power generation equipment products to enable C to receive contracts for the supply of solar power generation equipment, and received an amount equivalent to 10% of the cost of the supply of solar power generation equipment received after the completion of the supply of the equipment (excluding value-added tax) as a consignment sales fee.
From around 2010, the Plaintiff and the Defendant-related Plaintiff used the position of the Ulsandong Vice Governor C as the head of the business headquarters, and performed the duties, such as product design, business and contract agency, under the above contract between the Defendant and C.
On November 15, 2012, the Plaintiff established a corporation for the purpose of its business related to solar power generation facilities.
As a result, C entered into each supply contract as listed below, as a result of the Plaintiff’s performance of the product design, business, and contracting agency entrusted by the Defendant.
C completed the delivery under each of the above contracts, and received the price for supply, and paid to the Defendant the commission of K and K, which is KRW 13 million. On February 8, 2013, the Defendant paid KRW 9 million to the Plaintiff.
In addition, on March 26, 2013, the Defendant paid to the Plaintiff KRW 14 million out of Lare and MM kindergarten consignment fees 21 million.
The amount paid for the supplied price of goods by the delivery deadline as of February 25, 2013 on September 201, 2012 (the original payment date) shall be 108,478,000 on February 25, 2013 and 108,478,000,000,000 on October 31, 2012, L on January 31, 2013, 94,918,000, 21,000,000,000 on March 14, 2013 on March 26, 2013; and on the same day, the Defendant shall be 9,438,000 on November 31, 2013; and on the same day, March 15, 2013; and on the other hand, the Defendant shall be 100,3.00, Mar. 15, 2013>