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(영문) 수원지방법원성남지원 2015.01.09 2014가합203430

손해배상(기)

Text

1. The Plaintiff, Defendant B, as well as KRW 150,401,175, and the interest rate of KRW 20% per annum from November 22, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On November 24, 2009, a consignment contract was concluded between E and Defendant B, which had engaged in food sale business, etc. under the trade name of “D”, with the following contents.

D In entering into an agreement on consignment between the representative E (hereinafter referred to as “A”) and the Defendant B (hereinafter referred to as “B”) pursuant to the following provisions, the following agreements shall be concluded and shall be complied with in good faith:

Article 1 (Purpose)

2. The term “A” shall entrust “B” with the duties of supplying, managing, and managing food materials for sale; and the term “B” shall make every effort to avoid violating the principle of good faith with respect to the entrusted duties of “B”.

Article 4 (Collection of Funds)

1. In principle, “B” is a maximum of 15 days of collection method against the customer entrusted to “A” and shall be deposited in the account passbook of “A” in principle.

2. In principle, the portion that is deposited every day must be deposited on the same day, and the portion that is not deposited should not be recognized.

3. In principle, “A” and “B” agree on the end of the month shall be the amount of the outstanding amount carried over at the end of the month, and at the end of the month, the agreed amount shall not be less than the agreed amount, and in principle, 10% of the unpaid amount shall be treated as losses and deducted by “B” from the fees to be settled.

4. In principle, the amount “B” should be compensated for 10 times the termination and useful amount and criminal complaint shall be filed by embezzlement when appropriating the amount that the “B” has received for personal use.

5. In principle, all non-performing loans arising from the customer and the new customer whom the “A” entrusts shall be liable and repaid.

6. If the sale and attempted management of “B”’s management offices are not properly conducted, “A” may be classified as voluntary suspension of delivery and attempted bonds and may be subject to compulsory collection, legal measures, etc.

§ 6.