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(영문) 부산지방법원동부지원 2016.05.26 2014가합102752

물품대금

Text

1. The Defendants jointly share KRW 1,106,102,595 with respect to the Plaintiff and the period from September 1, 2014 to May 26, 2016.

Reasons

1. Basic facts

A. The Plaintiff is door-to-door sales business that belongs to the store under the special agreement for the Dong-to-door sales business that belongs to the Simoth Group Co., Ltd. (hereinafter “Simoth Group”). Defendant C is a person who operated the cosmetics sales business under the trade name of “D”, “E (from June 9, 2004 to November 26, 2007)”, “F of the Co., Ltd. (hereinafter “F”) from November 12, 2007,” and Defendant B is the husband of Defendant C as the F’s representative director.

B. From around 2004 to August 28, 2014, the Plaintiff purchased from the shop with a special agreement for traffic in the Amoto-si, at a price equivalent to 70% of the retail price, and sold it to the Defendants.

C. The Plaintiff also lent money to the Defendants from January 2007 to August 2014, 201 for the purpose of paying cosmetics prices or living expenses. The total amount of loans is KRW 94,314,007.

(The details are as shown in the column of “the specifications of Plaintiff’s assertion” in the attached Table. (D)

The Plaintiff, as seen above, worked as door-to-door sales business operator of the Amath City traffic, from around 2012 to around July 2014, when serving as an insurance solicitor from the Mzz fire insurance, paid the insurance premium for the Mzz fire insurance that the Defendants and the Defendant’s children purchased from September 2012 to July 2014, but the total amount is KRW 8,591,368.

(The details are the same as the entry in the column for “amount of insurance premiums paid in lieu of the Plaintiff’s claim” in the attached Table 2. [Attachment 6 through 8, 12, and Eul’s evidence No. 15 (including each number), the whole purport of the arguments and arguments.

2. The parties' assertion

A. The summary of the Plaintiff’s assertion is jointly owned by the Defendants, and ① the amount of outstanding cosmetics and loans from June 2004 to August 31, 2014, and KRW 1,194,581,476, excluding the amount paid by the Defendants out of the paid-in premium (the details are as indicated in the attached Table of the transaction details of the Plaintiff’s assertion) and ② the amount of outstanding cosmetics in sampling amounting to KRW 90,31,80, = 2007. < Amended by Presidential Decree No. 20420, Feb. 8, 2007>