물품대금 등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasons for the court's explanation concerning this case are as follows. The defendants' assertion that this case's agreement constitutes a consignment contract under the Commercial Act or a settlement agreement with the plaintiff is concluded under the main sentence of Article 420 of the Civil Procedure Act. 1) The defendants' assertion that this case's agreement constitutes a consignment contract under the Commercial Act, so long as the defendants returned all of the goods of this case to the plaintiff who is the truster, all of the legal relations between the plaintiff and the defendants were terminated, and even if the agreement between the plaintiff and the plaintiff was not reached, the agreement between the plaintiff and the plaintiff was not reached.
B) (1) The essence of the judgment is that a commission agent is a person who, under his/her own name, engages in the sale and purchase of goods or securities on another person’s account (Article 101 of the Commercial Act), and the name and account are separated. Articles received from the commission agent are deemed to be the ownership or claim of the principal in relation between the principal and the commission agent or the principal and the principal and the commission agent’s creditor (Article 103 of the same Act). Whether a contract is a contract for entrustment must be determined by emphasizing the substance of a contract, regardless of the name or formal language and text of the contract (see, e.g., Supreme Court Decision 2005Da6297, May 29, 2008). (2) (Evidence evidence and evidence mentioned above, evidence 9 and evidence 10, testimony of witness F of the first instance trial, and the purport of the entire pleadings.