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(영문) 수원지방법원 2018.10.11 2018나4014

물품대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts of claim ① The plaintiff is a household producer, and the defendant is a company selling bags or clothing through department stores, CDs, online shopping mall. ② The plaintiff entered into a contract with the defendant to pay 45% of the sales proceeds as commission upon consignment sale by the plaintiff. ③ Accordingly, the plaintiff supplied bags to the defendant from May 2013 to December 31, 2016 (in the process of supply, certificates, etc., were not prepared separately), the defendant paid the remaining amount after deducting commission fees from the sales proceeds, and returned part to the plaintiff, ④ The defendant did not have any dispute between the plaintiff and the defendant about the supply, settlement, from May 2013 to 2015, and ⑤ the sales contract between the plaintiff and the defendant was concluded on May 31, 2013, and the defendant returned 17 to 40% of the total sales proceeds to the plaintiff and 170% of the sales proceeds from 200 to 15% of the total sales proceeds from 170% of the total sales proceeds, and 1715% of the goods after December 27, 2016.

2. (1) The judgment on the Plaintiff’s claim (i) the Plaintiff, while remaining 629 inventory goods up to December 2015, additionally supplied KRW 721 to the Defendant on 2016. Since the Defendant sold 567 among them and returned 354 to the Plaintiff, inventory goods as of December 2016.