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(영문) 대구지방법원 2015.11.13 2015가단105817

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 10, 2009, the Plaintiff: (a) established a business entity of “D” with the Daegu-gu Daegu-gu C and the third floor as its place of business; (b) changed the trade name on September 26, 2013 to “E”; and (c) was a legal entity established on May 19, 2004 for the purpose of selling communications equipment.

B. On January 2, 2010, the Plaintiff and the Defendant re-entrusted the sale of communications equipment, such as smartphones, sold by the Defendant to the Plaintiff, and the Plaintiff entered into a consignment contract with the Defendant to receive consignment commission fees after selling the said communications equipment, etc. to the customers. Meanwhile, the Plaintiff entered into the consignment contract with Nonparty F, a non-party corporation operating a telecommunications equipment wholesale and retail business, around November 2010.

C. The Defendant Company and the Plaintiff, G, who is the actual manager of F, concluded the consignment contract through Nonparty G. D.

On May 2, 2011, the Plaintiff established H (limited to the non-party company of this case) that shares the type or type of business with the above E and assumed office as the representative director. On May 6, 2011, the Plaintiff drafted a new business consignment agreement in the name of the above non-party company F and the non-party company of this case, but did not prepare a new consignment agreement between the Defendant and the non-party company of this case.

E. After the establishment of the non-party company of this case, the Plaintiff received consignment commission in the transaction with the Defendant from August 201 to the account of the non-party company of this case, and the tax invoice was issued in the name of the non-party company of this case.

F. On September 20, 2012, F, based on the claim for return of unjust enrichment held against the non-party company of this case, F, on September 20, 2012, provisionally seizes the sales commission claim against the defendant against the non-party company (Tgu District Court 2012Kadan 8084), and also the plaintiff.