Text
1. The Defendant’s KRW 31,124,391 as well as the Plaintiff’s KRW 6% per annum from July 1, 2012 to November 11, 2014, and November 12, 2014.
Reasons
1. The following facts may be found in full view of the following facts: (a) the Plaintiff and the Defendant did not dispute each other; or (b) the entry of the evidence Nos. 2, 4 through 7; and (c) Eul’s witness C and D’s testimony; and (c) the purport of the entire pleadings.
The defendant is engaged in the wholesale and retail business of food materials in Overcheon City F with the trade name of "E".
B. From January 12, 2009, the Plaintiff entered into a food materials supply contract with the Defendant as the supplier with the restaurant operator, etc., and commenced the business of supplying the food materials provided by the Defendant to the customer using the truck owned by the Defendant, and thereafter, from June of the same year, the Plaintiff performed the above business by using the cargo vehicles purchased at the Plaintiff’s expense at the Defendant’s request.
C. On March 19, 2011, the Plaintiff and the Defendant drafted the document stating “Agreement on Trade” (only subparagraph 3 shall be referred to as “Agreement on Trade”). The main content is that the Defendant supplied the Plaintiff with the goods required for business operation, but the price is deposited into the Defendant’s account, and the Defendant pays to the Plaintiff with a certain percentage of the sales, etc. resulting from the Plaintiff’s business activity’s business activity’s business activity’s business activity’s payment to the Plaintiff as a fee. The contract period is two years from March 1, 201.
The Plaintiff and the Defendant maintained the aforementioned business and transaction relations by June 30, 2012, and terminated them.
E. The Defendant paid to the Plaintiff each month the monthly amount of money in the name of payment. The payment of the monthly amount of 903,220 won (i.e., a fixed monthly amount of 1.4 million won ± 31 days ± 20 days ± 100,000 won x less than 10 won) from February 2, 2009 to June 2009, the Defendant paid the amount calculated by deducting the amount of the agreed ratio by item (i.e., the principle of 7%, 5% for the sales by item) for the sales by item (i.e., the principle of 10%) from July 2009 to June 2010.