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1. The Defendant: (a) KRW 147,157,400 for the Plaintiff and KRW 6% per annum from October 16, 2011 to January 29, 2015; and (b).
Reasons
1. Basic facts
A. On July 10, 2009, the Defendant, a corporation established on July 10, 2009 for the purpose of telecommunications sales business, entered into an agency contract with EL Plus (hereinafter “EL Plus”) and B, which entered into an agency contract with B, with the content of attracting subscribers and selling the terminal on consignment.
B. Around July 2011, the Plaintiff, a person who operates a mobile phone store in Seo-gu Daejeon, Seo-gu, Daejeon, entered into a sales consignment agreement with the Defendant on attracting subscribers and selling terminal devices (hereinafter “instant agreement”).
C. The main content of the instant contract concluded between the Plaintiff and the Defendant is to deliver information on the subscribers (personal information of customers, product names, charges system, contract period, etc.) by attracting the cell phone subscribers, and if the cell phone is opened in the above subscriber’s name, the Defendant should pay a certain amount of sales commission to the Plaintiff.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 2, Eul evidence 1, fact-finding, fact-finding, witness E's testimony, whole purport of pleading
2. The parties' assertion
A. The Plaintiff’s assertion opened 329 mobile phones through one-month business on September 201.
The defendant does not pay to the plaintiff 189,157,400 won (hereinafter "sales commission of this case") with sales commission for attracting the above insured. The defendant is liable to pay the plaintiff the above 189,157,400 won and damages for delay.
B. The defendant's assertion that the plaintiff is obligated to attract mobile phone subscribers, however, is engaged in the business by illegal means, such as attracting subscribers or attracting subscribers by using the name of another person as a means of attracting small loans, despite the legal obligation to attract mobile phone subscribers.