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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 2013, the Plaintiff entered into a contract for advisory commission (hereinafter “instant contract”) with the following terms and conditions as an adviser, which was commissioned by the Defendant as an adviser.
Article 1. Party A (referring to the Plaintiff) shall be commissioned as an adviser of Party B (referring to the Defendant) and Party B shall perform the following duties as an adviser of Party A:
1. Technical advice and business activities necessary for the production of products A;
2. Other remuneration for Article 2 commissioned by the case of A.
1. A shall not be paid monthly remuneration for performing the duties commissioned to B, and shall be paid as piece rates;
Provided, That A may pay A a business trip expenses (including aviation tickets) for business activities.
2. Matters concerning piece rates shall be subject to separate agreements.
Article 3 Confidentiality B shall not divulge management, technology, and business secrets, etc. of A, which are known to it as an adviser of A, to a third party, unless prior consent of A is obtained, and shall not conduct any activity for the company or individual other than A, in any form, with advice or consultation of the company of the same kind of business other than A.
Article 4 Contract Terms
1. The term of this Agreement is from August 1, 2013 to July 31, 2014.
2. A and B may extend the contract term through mutual agreement at the expiration of the contract term.
B. From the conclusion of the instant contract to January 25, 2015, the Defendant used the Plaintiff’s airline tickets offered by the Plaintiff to have a business trip from China, Hong Kong, etc. several times, and used the corporate card offered by the Plaintiff, which was equivalent to KRW 36,940,342 in total.
C. The Defendant did not engage in activities under the instant contract after the end of January 2015.
[Grounds for Recognition] Unsatisfy, entry of Gap 1 to 3, the purport of the whole pleadings
2. The plaintiff's assertion was extended by the original and the defendant's agreement after the expiration of the first contract term of the contract of this case, and the defendant's contract term.