beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 10, 2010, the Plaintiff imported domestic fishery products and sold them in Korea. The Plaintiff bears import charges. The Defendants import and sell domestic fishery products under the name of Defendant A and deposit sales proceeds into the Plaintiff. Defendants B and C jointly and severally liable for the deposit of sales proceeds of Defendant A, and the profits agreed to divide them into the Plaintiff, Defendant B and C into 5:5 (hereinafter “instant agreement”).
B. From July 1, 2010 to August 26, 2010, the Plaintiff remitted KRW 305,143,681 to the account designated by Defendant A, Defendant B, and C.
[Reasons for Recognition] Unsatisfy, Each entry in Gap evidence 1 and 2 (including a tentative number), witness H and I's testimony
2. The Plaintiff asserted that the Plaintiff remitted the import price of fishery products to the Defendants pursuant to the instant agreement, but the Defendants deposited KRW 156,50,000 out of the total sales price of KRW 635,964,00 (the outstanding sales price of KRW 522,567,392 (the recovered sales price of KRW 113,396,608) and did not deposit the remainder.
Therefore, Defendant A is liable to pay to the Plaintiff KRW 479,464,00 (total sales proceeds of KRW 635,964,00 - KRW 156,50,000) as commission agent; Defendant B and C are jointly and severally liable to pay to the Plaintiff the amount calculated by deducting 1/2 of the profit from the sales proceeds recovered; and Defendant B and C are jointly and severally liable to pay the Plaintiff the amount of KRW 257,35,536 out of the above amount (the recovered sales proceeds of KRW 522,567,392 - KRW 156,500,000) - (the recovered sales proceeds of KRW 522,567,392 - the revenue proceeds of KRW 305,143,681) ±2) of the above amount. The Plaintiff is partially liable to pay to the Plaintiff.
3. The fact that the Plaintiff paid KRW 305,143,681 to the Defendants is as seen above, and the Plaintiff shall comprehensively take account of the respective entries in the evidence Nos. 1 and 2 (including the serial number), the witness H and I’s testimony, as a whole, and the purport of the entire pleadings.