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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. The Plaintiff is a company whose objective is to open and operate the distribution store open and provide consulting, etc., and the fact that the Defendant (it was changed from B to the present trade name on February 10, 2014) is a company for the purpose of wholesale and retail of the products of German Co., Ltd. is either a dispute between the parties or acknowledged by the entry in Gap No. 13.
2. Summary of the parties’ assertion
A. The Plaintiff entered into a service contract with the Defendant to vicariously carry out sales promotional events for Germany’s cleaning goods, which the Defendant imported and sold monopolys in Korea, and subsequently, the Plaintiff held sales promotional events in Empt from November 9, 2012 to April 18, 2013, and received KRW 13,956,602 from the Defendant on April 9, 2013.
However, from August 4, 2013 to April 20, 2014, the Defendant did not pay KRW 100,036,870 to the service cost for promotional events conducted by the slot and Home Plus.
Therefore, the defendant is obligated to pay the above money and damages for delay to the plaintiff.
B. The amount of KRW 13,956,602 claimed by the Plaintiff from the Defendant on April 9, 2013 is limited to the amount that the Defendant paid to the Plaintiff on behalf of the Hong Kong branch upon the Defendant’s request from the Hong Kong branch. Since the Defendant did not enter into a contract for the promotional event agency as alleged by the Plaintiff, it does not have any obligation to respond to the Plaintiff’s request.
3. Determination
(a) 6 to 13 evidence A (including paper numbers, and the same shall apply hereinafter), i.e., whether a service contract is concluded for the promotional event as an agent;
The following facts can be acknowledged in full view of the testimony and overall purport of the testimony and argument of the witness of the first instance trial D. The results of each fact-finding on the lot shopping company and the Home Perer Co., Ltd. in this court's lot shopping and the Home Per Co., Ltd. are insufficient to reverse this, and there is no other counter-proof.
(1) The purpose of the defendant is to import German C's household cleaning appliances and sell them to Korea.