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(영문) 서울서부지방법원 2017.04.18 2016나3328

위탁판매대금반환등

Text

1. Of the part against Defendant C in the judgment of the first instance, the corresponding amount of the lower payment order shall be against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a school juristic person that establishes and operates a F University, and Defendant D was working at F University as a faculty member from March 13, 1979 to August 31, 2014, and was in charge of publishing division from February 1, 2009 to August 31, 2014.

B. Defendant C: (a) was a director of the Company E, a director of the Company E, from July 4, 2012 to January 7, 2014; and (b) had his wife G, as a representative director from January 7, 2014, and actually operated the Company E; and (c) Defendant B was a person who had been working as a representative director from June 12, 2013 to June 18, 2014 in the Company E.

C. Around July 2013, the Plaintiff entered into an entrusted operation contract (hereinafter “instant entrusted operation contract”) with respect to the premises located in HF University G205, G205, located in Sejong Special Self-Governing City during the period from August 1, 2013 to July 31, 2015, with respect to the premises located in HF University G205, G205, located in Sejong Special Self-Governing City.

E was supplied with books from the Plaintiff and paid the remainder of the sales price, excluding 10% fees, to the Plaintiff. On the other hand, E decided to return books that were not sold to the Plaintiff, and did not clearly set the due date for the settlement of accounts.

E. The number of teaching materials supplied by E from August 2013 to December 31, 2014 and the number of returned teaching materials are as listed below:

The writing and announcement 12,000 in university, college, or Korean language, on August 30, 2013, of the purchase (right) date of the book name return (right) return date and 12,000 on August 30, 2013, on February 15, 2014, on December 34, 18, 2014, 52,000 in digital industrial design science 52,00 on December 34, 2014, 209 on December 29, 2014, Francis 12,000 (right) 3,000 on August 8, 2008, 11, 11,000 Unndiishish 18,000, 1800, 3018, 2014, 2015, 2014, 205, 2014

F. Defendant D demanded that Co., Ltd. pay the settlement once a semester to Defendant D.