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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. A. Around March 2003, the Plaintiff entered into a trade agreement with the Defendant to purchase electronic equipment manufactured and distributed by the Defendant and sell them to consumers, etc., and the Defendant leased the store located in Gwangju Nam-gu at KRW 1,80,000,000,000 from the Defendant, and started the Defendant’s specialized sales store business of XCNVAS TV and home weatherers.
B. On August 1, 2006, the Plaintiff entered into a basic contract for store trade and a store support agreement (hereinafter “instant specialized store agreement”) with the Defendant, and extended and relocated the said store to the store located in Nam-gu Seoul Metropolitan City (hereinafter “instant store”).
In the process, the Plaintiff borrowed the store subsidy of KRW 1.3 billion from the Defendant, and agreed to pay the said store subsidy of KRW 13.5 million on the 25th day of each month from June 2006 to April 2014, and KRW 17.5 million on May 23, 2014 (hereinafter “monthly repayment”).
C. Around November 25, 2008, the store of this case changed from the specialized store of XCNVAS TV and home clocker to the specialized store of general electricity power plant, but its business was poor. The Plaintiff delayed the payment of monthly payment on November 25, 2008.
Therefore, although the defendant had deferred the payment of monthly payments, the plaintiff did not pay the goods to the defendant from December 17, 2009.
On January 6, 2010, the representative director D of the Plaintiff proposed that the Defendant would not operate the Defendant’s sales agency any longer, and that if the Defendant leased and directly operated the instant store from D and E, the Defendant would pay the Defendant the goods payment obligation, etc. with the lease deposit received from the Defendant. Accordingly, on February 26, 2010, the Defendant leased the instant store from D and E with the lease deposit amount of KRW 1.3 billion, monthly rent, and the lease period of KRW 6 billion from March 1, 2010 to February 28, 2015. However, D paid the lease deposit of KRW 1.3 billion to D, unlike the initial promise, D bears the above goods payment obligation against the Defendant.