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(영문) 서울동부지방법원 2014.09.19 2013가단118523

기타(금전)

Text

1. Defendant B and A jointly and severally with the Plaintiff KRW 25,174,540 as well as 6% per annum from April 1, 2011 to November 4, 2013.

Reasons

Comprehensively taking account of the overall purport of Gap's statements and arguments as to claims against the defendant Eul, the head of Mapo Tax Office on April 3, 2009: "C"; the type of business; the wholesale and retail business of sports supplies; the location of the business; the second floor of the Seoul Mapo-gu DD building; the opening date: the business registration certificate was issued on July 3, 2008; but the defendant Eul did not actually operate the above C; the husband operated the above "C" with the trade name of the above "C; the defendant Eul, the husband, allowed the defendant Eul to operate the business name of the defendant Eul; the defendant Eul's own seal imprint and the certificate of personal seal impression to be used for the operation of the above business; the defendant Eul concluded a contract with the plaintiff on behalf of the defendant Eul to sell the goods on consignment; and the plaintiff's goods on consignment from the store which the defendant Eul supplied to the plaintiff; and the plaintiff's goods on consignment of 1 to 214, 2014; the plaintiff's goods on consignment of 1 to 30.214, 15.214.

According to the above facts, Defendant B, an agent, entered into a consignment contract with the Plaintiff, and thereafter entered into a quasi-loan contract with the Plaintiff on April 12, 2012 through the loan certificate of this case. Accordingly, Defendant B is obligated to pay the loan amount to the Plaintiff according to the loan certificate of this case. Meanwhile, Defendant B is obligated to pay 6,300,000 won out of the amount on the loan certificate of this case. Thus, Defendant B is obligated to pay the remainder of the loan amount of 25,174,540 won (=31,474,540 won - 6,300,000 won) and damages for delay.

Any claim against the defendant A.