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(영문) 수원지방법원 2017.03.16 2015가단53458

손해배상금 등

Text

1. As to KRW 73,660,650 and KRW 69,494,00 among the Plaintiff, Defendant B shall be from April 21, 2016 to March 16, 2017.

Reasons

1. Basic facts

A. On August 27, 2012, the Plaintiff entered into a sales delegation agreement with Defendant B.

According to the contract, Defendant B (the contract refers to a “carcler” as indicated in the contract) provides that the Plaintiff shall be paid sales commission determined by the Plaintiff for the amount of sales price of cash (paid) sales in the contract entered into with the purchaser (the contract refers to a “customer” as indicated in the contract) and the Plaintiff to enter into a sales contract (Article 2(1) of the contract). Defendant B shall, after entering into a contract with the Plaintiff under the Plaintiff’s name, prepare a product purchase contract and receive it to the Plaintiff without delay (Article 5(1) of the contract). If the Plaintiff exercises the right to withdraw the contract within 14 days after the customer entered into the contract, the Plaintiff shall immediately notify the Defendant B of the fact.

(Article VII:1.2). (b) of the contract.

From the time of the conclusion of the above contract, Defendant B belonged to the Plaintiff’s E business bureau in Gangnam-gu, Seoul and began to sell the Plaintiff’s cosmetics in his mother’s name (Defendant B was a bad credit holder at the time). When Defendant B entered the order with his own code (F name) by accessing the Plaintiff’s computer network, Defendant B entered the cosmetic into the order through its own code (F name).

C. However, Defendant B made a false sale of cosmetics as if customers purchase cosmetics by using credit cards, and then revoked the sale after being delivered the cosmetics.

As such, if the sale of false sales is revoked, the Plaintiff would pay the credit card company cash equivalent to the sales amount, so that the Plaintiff would incur damage to the Plaintiff as much as the amount of money.

In March 2014, Defendant B came to know that the sale was caused by false sale as above, and the sale was cancelled.