1. The Defendant (Counterclaim Plaintiff) paid KRW 181,960,871 to the Plaintiff (Counterclaim Defendant) and its related amount from September 26, 2013 to October 7, 2014.

1. Basic facts

A. The Plaintiff is a person operating a “C” as a Italian legal entity exporting Ital Masters to the Republic of Korea, and the Defendant is a person who imports and sells Masters’ clothing, miscellaneous articles, etc. in Italian mutually named “D.”

나. 이탈리아 패션 브랜드인 E 상품의 국내 홈쇼핑을 통한 독점 판매 권한을 갖게 된 원고는 2012.경 피고와 사이에서 별도의 동업계약서 작성 없이 원고가 피고에게 E 머플러와 숄 10,000장(이하 ‘이 사건 머플러’라 한다)을 공급하고 피고가 이를 F홈쇼핑을 통하여 판매한 후 그 이익금을 각 1/2로 나누기로 약정(이하 ‘이 사건 동업약정’이라 한다)하였다.

C. On October 5, 2012, the Defendant imported the instant money from the Defendant and sold approximately KRW 9,000 out of the instant money money via F home shopping from October 19 to January 24, 2013.

On March 12, 2013, the Plaintiff received KRW 130 million from the Defendant for the purpose of settlement of accounts.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 4, witness G, and H's testimony and purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) According to the instant agreement, the Defendant should pay to the Plaintiff 1/2 of the net profit remaining after deducting the Plaintiff’s cost, F home shopping commission, sales expenses, etc. from the sales amount of the instant machine. 2) The instant agreement was concluded upon acceptance of the agreement on March 13, 2013 with respect to the Defendant’s expression of intent to operate the instant machine only to the Plaintiff on several occasions, and thus, the Defendant is obliged to pay the Plaintiff 1/2 of its net profit in accordance with the instant agreement.

3 The sales amount of the instant machine is KRW 1,266,704,840 if the F Home shopping commission is deducted, and the cost of the instant machine is KRW 47,360,000,000, and duties related to the importation of the instant machine;