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(영문) 서울남부지방법원 2016.04.21 2015가단31685

대여금

Text

1. The Defendant’s KRW 46,904,992 as well as the Plaintiff’s annual rate from May 19, 2015 to April 21, 2016.

Reasons

1. The judgment on the cause of the Plaintiff’s claim is based on the following facts: (a) from November 201, 2012, the Plaintiff engaged in the transaction from supply of goods, such as cut tools, etc., to the Defendant from time to time to time, and (b) the amount calculated by subtracting the amount the Defendant repaid from the price of the goods supplied by the Defendant from the price of the goods supplied by the Plaintiff as of October 23, 2014, and (c) the facts constituting the cause of KRW 48,904,992, including evidence 2, 3, and 4 (including serial numbers), evidence 2-2, and evidence 2-2.

According to the above facts, the defendant is obligated to pay 48,904,992 won for the goods and delay damages to the plaintiff, except in extenuating circumstances.

I would like to say.

2. Judgment on the defendant's assertion

A. First of all, from November 2012, the Defendant traded goods from the Plaintiff to pay for the goods supplied with cut tools, etc., but from March 2013, the Defendant agreed to change the transaction between the Plaintiff and the Plaintiff to pay for the goods sold under the Defendant’s name and sold under the Defendant’s name. The Defendant is obligated to pay KRW 8,456,374, the amount equivalent to KRW 38,450,00,00, which was paid by the Defendant to the Plaintiff and the amount equivalent to KRW 38,456,374, which was paid by the Defendant, and the amount equivalent to KRW 48,90,992, which was paid by the Defendant to the Plaintiff, is deducted from KRW 38,456,374, which was paid by the Defendant to the Plaintiff.

In light of the records, there is no evidence that conforms to the above facts of the defendant's above assertion. Rather, the defendant, while engaging in a general trade of cuts and tools goods with the plaintiff, made a change from March 2013 to the method of consignment sale, the defendant's determination of commission commission commission or commission, which can be considered as an essential element of the method of consignment sale, and the amount or calculation basis thereof.