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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Judgment on the plaintiff's claim
A. The plaintiff's assertion asserts as follows as the ground for the claim of this case.
In other words, in around 2011, the Plaintiff and the Defendant entered into a commission agreement with the Defendant to pay an amount equivalent to 5% of the supply contract as a sales fee if the Plaintiff had the Defendant deliver the Defendant’s product on the construction site of high-priced underground tea between North Korea and Dong-dong-distance. The Plaintiff did not receive KRW 53,900,000 (including value-added tax; hereinafter the same) from the Defendant as of June 1, 2013.
Therefore, the defendant is obligated to pay to the plaintiff the above operating fee of KRW 53,900,000 and damages for delay.
B. Comprehensively taking account of the witness A’s partial testimony and the overall purport of the pleadings, if the Plaintiff and the Defendant operate a business so that the Plaintiff may deliver the Defendant’s product to the high-priced underground tea between North Korea and North Korea, around 2011, the fact that a commission contract was concluded between the Plaintiff and the Defendant to receive business fees from the Defendant is recognized.
Furthermore, the Plaintiff and the Defendant determined the business fee rate as 5% of the product supply contract at the time of the above fee contract and calculated the sales fee accordingly, as to whether the business fee as of June 1, 2013 remains due to the existence of 53,900,000, there is insufficient evidence to acknowledge the above facts, and there is no other evidence to view otherwise.
(M) According to the statement in subparagraphs 1-1 and 2 of subparagraph 1-2, the defendant paid to the plaintiff KRW 500,000 on April 10, 2012 as business fees as of April 6, 2013, KRW 100,000 on April 5, 2013 as business fees as of March 29, 2013, and KRW 550,000 on August 5, 2013 as business fees as of July 30, 2013. Therefore, the plaintiff's assertion is difficult to accept.
2. Conclusion, ..