beta
(영문) 서울중앙지방법원 2018.06.20 2017가단5169132

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 4,586,193 to the Plaintiff (Counterclaim Defendant) and its payment from November 10, 2016 to the date of full payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Around February 201, the Plaintiff engaged in the business of manufacturing and selling sports supplies: (a) entered into a contract under which the Defendant and the Defendant enter into a contract with the Defendant to commission the Plaintiff’s goods and clothes supplied by the Plaintiff (hereinafter “instant contract”); (b) accordingly, the Defendant, from February 18, 201 to January 31, 201, operated the sales store A (hereinafter “instant store”); and (c) on the other hand, around May 201, the Plaintiff paid KRW 20,000,000 under the instant contract to the Plaintiff.

B. Under the instant contract, “the Defendant shall pay the sales proceeds from the sale of the goods consigned to the Plaintiff, and pay the fees to the Defendant according to the agreed ratio thereof,” and the Defendant shall be liable for the management and inventory of the goods offered to the Plaintiff at the time of shortage of management and inventory, and relics ( shopping bags, other expendable goods, etc.) shortage in inventory (lOSS) which are used in the Defendant’s sales activities incidental to the Defendant’s sales activities shall be deducted from the fees to be paid to the Defendant by the Plaintiff.”

C. The instant contract was concluded on January 31, 2012 according to the progress in sales, etc., and the Plaintiff is above the Plaintiff.

As seen in this subsection, 20,00,000 won paid by the Defendant and 28,607,193 won for the sale to the Defendant, and as well as for the amount of 2,127,50 won for the sales of this case.

[Reasons for Recognition] Facts without dispute, the plaintiff, Gap, Gap evidence Nos. 1 and 2 (including the virtual number), the purport of the whole pleadings

2. The plaintiff's assertion on the principal lawsuit and the defendant's counterclaim

A. The Plaintiff’s principal lawsuit is settled by the settlement result following the termination of the instant contract. The Plaintiff’s supply of 1,463 articles shortageed to the inventory standard amount.