위탁판매 수수료 등 청구의 소
1. The Plaintiff:
A. Defendant A, B, C, and D are jointly and severally liable for KRW 324,742,550 and their amount from September 21, 2014.
1. The following facts are deemed to have been led to the confession by the Defendants pursuant to Article 150(3) and (1) of the Civil Procedure Act among the Plaintiff, Defendant A, B, and D. The following facts may be acknowledged by taking into account the respective descriptions of evidence Nos. 2 through 8 and the whole purport of the pleadings between the Plaintiff, Defendant C, and C.
On April 1, 2013, the Plaintiff and Defendant A entered into an entrustment contract for radio sales (hereinafter “instant entrustment contract”) with the content that the Plaintiff entrusted and handled the affairs, such as sales and supply of wire and wireless telecommunications goods, which Defendant A handled as an agent of the case, as a fee.
At the time of conclusion of the above contract, Defendant B guaranteed the Plaintiff’s obligation according to the instant consignment contract.
B. From March 2014 to April 2014, the Plaintiff sold 3,123 wire communications products for Defendant A according to the instant consignment contract.
Accordingly, the fee that the above defendant should pay to the plaintiff is KRW 294,742,550.
C. On August 5, 2014, Defendant Multicom: (a) drafted a loan certificate (Evidence 7) stating that the Plaintiff borrowed KRW 294,742,550 equivalent to the above fee from the date of due date to the date of due date as a joint and several surety; (b) Defendant Multicom borrowed KRW 294,742,550 per annum; and (c) September 20, 2014.
On August 11, 2014, the Plaintiff loaned KRW 200,000,00 to Defendant B for the purpose of the loan for consumption, with the Plaintiff’s total amount of KRW 294,742,550,000,000, which shall be used as the object of the loan for consumption. The Plaintiff set the Plaintiff’s total amount of KRW 494,742,550,000 to Defendant B as of September 20, 2014, and the interest shall be set at 20% per annum for the period from April 20, 2014 to September 20, 2014, and 30,000,000 as interest shall be paid as interest (Evidence 6; hereinafter “the loan certificate of this case”), and Defendant C and D shall be borne by Defendant A.