손해배상(기)
1. The plaintiff's individual rehabilitation claims against the defendant are 11,186,318 won and 10,85,808 won among them. < Amended by Act No. 1060, May 22, 2020>
1. Facts of recognition;
A. On March 1, 2019, the Plaintiff entrusted the Defendant with the operation of the “D Burial” (hereinafter “instant store”) located in C (hereinafter “instant entrustment contract”), and according to the said entrustment contract, the Defendant managed and sold the goods owned by the Plaintiff, if the goods were sold, and paid the price to the Plaintiff if the goods were not sold, and then returned the price if the goods were not sold, to the Plaintiff, and the sales commission is paid from the Plaintiff for the sold goods.
In addition, when there is a difference between the inventory in the computer management system of the plaintiff and the actual inventory managed by the defendant, the plaintiff can deduct the shortage from the sales commission.
B. 1) The instant consignment contract was terminated on February 28, 2020, and the original Defendant conducted a inventory inspection. As a result, it was found that there was a difference between the Plaintiff’s computerized management system’s inventory and the Defendant’s actual inventory, 85,61,300 won, out of the above difference on February 28, 2020, the Defendant: (a) paid KRW 20 million to the Plaintiff at the time of entering into the instant consignment contract; (b) KRW 5,457,857 as the deposit that the Defendant paid to the Plaintiff; and (c) KRW 30,000,000 out of the remaining KRW 60,203,443 as the deposit that the Plaintiff paid to the Defendant; and (d) written and submitted a written repayment plan to the Plaintiff on March 20, 202 to pay KRW 30,30,443,00 to the Plaintiff on March 31, 2020.
C. On May 21, 2020, the Plaintiff received KRW 50 million as insurance money from a guarantee insurance company in relation to the instant consignment contract.
C. On the other hand, on April 2, 2020, the Defendant filed an application for individual rehabilitation (the Changwon District Court 2020 Session 6212). On the other hand, on July 21, 2020, the individual rehabilitation procedure commencement decision (hereinafter “instant commencement decision”) was issued on July 21, 2020.
[Ground of recognition] Unsatisfy, A(1) through (3)