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(영문) 서울고등법원 2016.02.25 2015나13111

물품대금 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The party status A Co., Ltd. (hereinafter “A”) is a corporation that runs the manufacturing and distribution of sports clothes products, wholesale and retail business, etc., and the Defendant is a person who is entrusted with the sale of goods with the trade name of “G stores” within the F stores located in Seo-gu Incheon, Incheon.

B. 1) A and the Defendant entrusted the Defendant with a product A on August 19, 2013 and sold it during the contract period from August 26, 2013 to August 25, 2014 (hereinafter “instant consignment sale contract”).

(2) A entered into the instant consignment contract. A supplied goods, such as clothes, to the Defendant, who is the consignee under the instant consignment contract, and the goods amounting to KRW 87,878,700 by April 2014.

(A) The Defendant’s goods, such as clothes, supplied by the Plaintiff under the instant consignment contract (hereinafter “instant goods”). C.

On the other hand, A filed an application for commencement of rehabilitation procedures on February 24, 2014, and accordingly, A filed an application for rehabilitation procedures with respect to A, and accordingly, A did not return to A or the Plaintiff (hereinafter “Plaintiff”) the instant goods supplied as above despite the expiration of the instant consignment contract period, as long as the instant consignment contract period expires, the Defendant did not return the said goods to A or the Plaintiff (hereinafter “Plaintiff”).

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1 through 6, Eul evidence 1 and 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the facts of the first recognition of liability for damages, the defendant was supplied by the plaintiff according to the consignment contract of this case.