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(영문) 서울고등법원 2017.05.26 2015나13463

주류대금

Text

1. Of the judgment of the court of first instance, the parts of the Defendant R, W, X, AH, AH, AM,N, AS, AX, BP, Q and BR are modified as follows:

Reasons

1. The facts below the facts of recognition do not conflict between the parties, or are recognized by comprehensively considering the overall purport of the pleadings as follows: Gap evidence of No. 1 to 3, 13, 21 (including the number number; hereinafter the same shall apply), Eul evidence of No. 1 to 5, Eul evidence of No. 3, Eul evidence of No. 3, 5, 6, and 8.

[1] The Plaintiff is a corporation that runs liquor wholesale business, etc. after obtaining a comprehensive liquor wholesale business license, and the Defendants are individuals who operate alcoholic beverage sales, etc. or are currently running a business in the name entered in the “trade name” column of the claim amount sheet.

J was employed by the Plaintiff around 2008 while working as a business employee in BW, but left on February 28, 2013, and left BX around that time.

During the above period of employment of J, the Plaintiff supplied alcoholic beverages to the Defendants through J in charge of the business of the Defendants.

The Plaintiff and the Defendants, upon issuing a statement of transaction to the Defendants as of the end of each month, settled the alcoholic beverage price into the Plaintiff’s corporate account, or paid alcoholic beverage price by settling the Plaintiff’s exclusive purchase card issued by the National Tax Service on the Plaintiff’s terminal. On the 10th of the following month, the Plaintiff traded the Defendants by issuing an electronic tax invoice on the monthly sales of this-mail to the Defendants.

In the meantime, the J used the order stating the position of the president of the Plaintiff in the process of the said transaction of alcoholic beverages, and entered the order into the ledger of the Plaintiff’s customer, including the Defendants, and then delivered alcoholic beverages from the Plaintiff’s warehouse to the customer and delivered them to the customer, and notified the customer of the above settlement method.

[2] On February 2013, the outstanding amount of liquor payment to the Defendants as of the end of February 2013 by the Plaintiff’s transaction partner is the amount indicated in the “request amount” column in the claim amount list (hereinafter “instant outstanding amount”).

M. N. M, N., which has been in charge of customer management under the direction of J and its clients.