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(영문) 수원지방법원성남지원 2016.01.27 2014가합5216

대여금

Text

1. The Defendant’s KRW 53,982,650 for the Plaintiff and 5% per annum from November 19, 201 to January 27, 2016.

Reasons

1. Facts of recognition;

A. From around 1998 to C Co., Ltd. (hereinafter “C”), the Plaintiff entered into an agency contract with C to receive and sell goods, such as shampoo and rinse, and the Plaintiff sold shampoo and tax, etc. in the trade name D (the Plaintiff had registered the business under the name of the original wife, and operated D from Gwangju City F, and transferred its place of business to Dongdaemun-gu Seoul Metropolitan Government G around June 2010, and thereafter registered the business with the same trade name and location as above in the Plaintiff’s name and continued the same business).

Since 2009, the defendant worked as the head of Dong branch business division of C's agency team in the Seoul metropolitan area and was in charge of supplying goods to C's agencies including the plaintiff.

C. The defendant, while taking part of the goods from the agencies, including the plaintiff, and without returning them to C at will, uses them without returning them to other agencies, or demands the defendant, other than the virtual account of C, which is used in the transaction with the agency, to deposit the price into another account designated by the defendant, and has not been paid the price after receiving delivery of the goods from the agencies, including the plaintiff, on behalf of the others.

On the other hand, C had business operators at a discount price within the limit of 30% or supply free of charge goods equivalent to the discounted value, for three months after concluding a new agency contract. The Defendant promised to supply goods free of charge to the Plaintiff in the course of performing the said agency business, but failed to perform part of the contract.

E. After that, the Plaintiff demanded the Defendant to pay the useful price or the free supply agreement as above, and accordingly, the Defendant is between the Plaintiff and the Plaintiff on October 8, 201.