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1. The Plaintiff’s obligation of KRW 92,225,806 to the Defendant does not exist.
Reasons
1. Basic facts
A. On June 18, 2015, the Plaintiff and the Defendant concluded a consignment contract, the main contents of which are the following (hereinafter “instant consignment contract”).
1) The purpose of this contract is to promote mutual interests by stipulating the overall matters necessary for the supply of consignment goods by the defendant, the entrusted sales of goods by the plaintiff, and the collection of fees by proxy, etc. (Article 1). 2) The purpose of this contract is to promote mutual interests by stipulating that the defendant supplies goods [including products, cell phones and related products (including services) supplied by the defendant to the plaintiff] to the plaintiff, and sells goods supplied by the defendant to the user and receives certain fees therefor from the plaintiff (Article 3(1) 3) (Article 3(3)). In principle, the plaintiff sells goods entrusted by the defendant to the user and sells them to the user who is entrusted by the defendant (Article 3(2) 4) until the goods supplied by the defendant are sold to the defendant to the user, and the plaintiff shall not dispose of the goods supplied by the defendant for any other purpose except as provided for in this contract, or provide a security, etc. to the defendant at any time, and the defendant shall return the goods to the defendant at the request of the defendant to the plaintiff.
(Article 3(5)5) The plaintiff shall notify the defendant of the vicarious receipt of communications fees to the defendant, and accordingly the plaintiff shall pay to the defendant within 24 hours on the completion of the processing of communications fees (Article 3(6)). (6) The supply price of the goods entrusted to the plaintiff shall be determined and notified by the defendant.
The plaintiff cannot set the selling price of the goods determined by the defendant at a voluntary level, and the plaintiff shall recommend the purchase of the goods to the end-user only under the sales conditions designated by the defendant.
(Paragraph 1 to 3). 7.