물품대금
1. The Defendants are jointly and severally and severally liable to the Plaintiff for 27,94,140 won and the period from July 8, 2014 to March 25, 2015.
1. On May 29, 2013, the Plaintiff and Defendant A entered into a contract under which the Plaintiff’s business establishment located within the bar area (“Plaintiff”) commission the Plaintiff’s goods and receive 15.5% of the sales commission. Defendant A delegated the authority to operate the said business establishment to Defendant B on May 30, 2013. Defendant B did not pay KRW 38,412,00 of the sales price of clothes until July 7, 2014 and used personal consumption for the Plaintiff without paying KRW 38,412,00 of the sales price of clothes to the Plaintiff, or by taking account of the overall purport of the pleadings as stated in subparagraphs 1 through 5.
According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 38,412,000 won for the sales of the unpaid clothing and damages for delay.
2. Determination as to the defendants' defense
A. The Plaintiff appears to have paid KRW 4,514,00, out of the commission for consignment sale, to the Defendants, 15.5% of the commission for consignment sale, and the fact that the Plaintiff has not yet paid the Defendants the commission for consignment sale does not conflict between the parties. Thus, the Defendants’ aforementioned commission for consignment sale amounting to KRW 5,953,860 (=38,412,000 x 15.5%) and KRW 4,514,000 shall be deducted from the commission for consignment sale. The Defendants’ defense pointing this out has merit.
B. The defendants defense that the sales commission equivalent to 25% of the sales price of the clothes to be paid to the owner of the commercial building where the above business place is located should also be deducted from the sales price of the clothes that the defendants should pay to the plaintiff. However, there is no evidence to acknowledge that the defendants are not the plaintiff but the defendants. Thus, the defendants' defense is without merit.
3. If so, the defendants jointly and severally do so to the plaintiff 27,944,140 won = 38,412.