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1. The Defendant shall pay to the Plaintiff KRW 68,382,526 and the interest rate of KRW 20% per annum from December 17, 2013 to the day of full payment.
Reasons
1. Basic facts
A. On September 20, 2012, the Plaintiff and the Defendant entered into a product supply contract with the Defendant to supply products to the Plaintiff upon the Plaintiff’s order (hereinafter “instant contract”).
The contract period is from September 20, 2012 to September 19, 2013 and provided by the Defendant to the Plaintiff is as stated in the Additional Agreement 1). B. On September 27, 2012, the Plaintiff is entitled to KRW 150 million as an advance payment for the product purchase fund (hereinafter “instant advance payment”).
The Defendant paid the Plaintiff. The Defendant entered into an insurance contract with Seoul Guarantee Insurance Co., Ltd. with the amount of KRW 150 million, and the performance (pre-paid) guaranty insurance policy with the Plaintiff to secure the above advance payment repayment obligation against the Plaintiff. The Defendant provided the Plaintiff with the performance (pre-paid) guaranty insurance policy. [Grounds] Gap’s evidence 1 through 5 (including the serial number, the purport of the entire pleadings)
2. Determination
A. (1) The Plaintiff’s assertion (1) The Defendant supplied the instant advance payment received from the Plaintiff and sold the instant product using the Plaintiff’s sales code registered in the United Nations Home Shopping, and paid 5,000 won per set of sales commission to the Plaintiff for the instant advance payment and paying the Plaintiff KRW 5,00 per set of sales commission.
The Defendant sold 2,952 sets through the United Nations Home shopping during the contract period of the instant case.
Since the contract of this case was terminated, the Defendant shall pay the Plaintiff the advance payment of KRW 150 million and sales commission of KRW 1476 million (=2,952 sets 5,000). The Plaintiff received KRW 88,94,774 from the sales price of the instant product and received KRW 7,382,700 from the Seoul Guarantee Insurance Co., Ltd., and thus, the Defendant shall pay the Plaintiff.