beta
Text
1. The Defendant’s KRW 97,739,450 for the Plaintiff and KRW 5% per annum from September 26, 2017 to October 11, 2017.
Reasons
(2) On September 19, 2016, KRW 150,000, KRW 150,000 on September 21, 2016, KRW 50,000 on September 23, 2016, KRW 50,000 on September 23, 2016, KRW 119,800,00 on September 28, 2016, and KRW 361,814,00 on October 26, 2016.
C. On January 25, 2017, the Plaintiff entered into an agreement with the Defendant to pay the amount of investment in the second product (hereinafter “instant agreement”) with the following content:
- The Plaintiff, upon receiving an investment amount of KRW 200,000,000 from the Defendant on January 25, 2017, the Plaintiff concluded a contract with the Defendant for the production of the third-class brand E sets (the title shall be 99,000,000, in total) of KRW 20,000 from the end of February 2017.
4.To sell through F by the end of the month;
- Investment fees shall be determined by 4% (including value-added tax) of the total selling price (including value-added tax) and shall be settled by the last day of the sale of this product.
- On March 15, 201, when the date of repayment and the date of payment of investment charges, the first fee of KRW 60,000,000 on March 15, 2017, the second fee of KRW 70,000 on March 31, 2017, the third fee of KRW 70,000 on April 14, 2017, and the third fee of KRW 70,000 on April 14, 2017 * even if the principal is delayed due to the delay in broadcasting, the payment shall be made in a lump sum by the end of April 2017.
2) Accordingly, on January 25, 2017, the Plaintiff received KRW 200,000,000 from the Defendant, and thereafter, the Plaintiff paid KRW 263,957,960 to the Defendant as principal and fees on March 15, 2017; KRW 70,000,000 on March 29, 2017; and KRW 263,957,960 on April 12, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 8 and 9 evidence 1 to 4, Gap evidence 10-1 to 3, Eul evidence 1 and 2, and the purport of the whole pleadings
2. According to the facts of the above recognition, the agreement on the payment of the investment amount for the first and second goods of this case (i) paid a certain amount to the Plaintiff for the production of specific goods, but the Defendant, regardless of the profit from the sale of goods, is entitled to the fees of 4% of the principal and the sales amount from the sales amount of the goods at a certain period of time.