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(영문) 부산지방법원 2015.03.06 2014가단202116

물품대금

Text

1. The Defendant: (a) KRW 59,820,400 for the Plaintiff and KRW 5% per annum from February 4, 2014 to March 6, 2015.

Reasons

1. Facts of recognition;

A. C and D, around June 19, 2013, imported and sold active rates from Japan to the representative director E of the Plaintiff’s representative director. Around June 19, 2013, the Plaintiff proposed that the Plaintiff pay KRW 300 per 1kg of the import cost paid to the Plaintiff and the import cost paid to the Plaintiff if the Plaintiff acting as an import agent by bearing the import cost, customs duties, customs clearance, and water lighting expenses, and that E accepted this.

B. Around July 16, 2013, the Defendant agreed to import and sell active cost and then divide profits into 1/3.

C. The Plaintiff received active expenses from the floor showe of Japan Co., Ltd. located in Japan, which was the business partner of F Co., Ltd., the Defendant, who was a regular manager, as indicated below and indicated in the table.

(The amount of money to be deducted shall be the amount which was issued by the tax invoice but is not actually disbursed. (d)

The Defendant, through G, disposed of the active cost imported into the international fishery products wholesale market, and disposed of it to the distribution company of fishery products, such as H, and divided 15 million won out of the proceeds into C and D in cash, and brought the corresponding amount to C and D.

E. At the request of C and D, the Defendant remitted a total of KRW 394,360,000 as indicated in the following table out of the sales proceeds of active premium to the Plaintiff’s account.

[Ground of recognition] Facts without dispute, entry in Gap1 through 4, witness C's testimony, purport of the whole pleadings

2. According to the above facts of recognition, it is reasonable to view that the defendant, C, and D had a partnership relationship in which the defendant, C, and D had engaged in a business in which the defendant, C, and D, imported and sold active expenses from Japan, and sold them in installments

On the other hand, according to the above facts and the above evidence, the plaintiff as an import agent was in charge of C and D, and the defendant was well aware of this fact, and the part of the sales proceeds of active cost is remitted to the plaintiff at the request of C and D.