물품대금
1. The plaintiff's appeal and the claim extended in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
1. The Plaintiff is a person who operates a corporation’s agency and engages in the wholesale business of milk products, and the Defendant has worked as a milk delivery agent from 2009 to 2009.
The defendant delivered the goods supplied by the plaintiff to the consumers, received the payment from the consumers, and paid the remaining amount after deducting the delivery fee from the discounted money.
However, since April 2010, the Plaintiff was not paid all the price of the relics, and the outstanding amount was accumulated.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, entry of No. 6-1 through 7, purport of whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff and the Defendant supplied the Defendant with the product, and the Defendant concluded a contract on consignment with the sales of milk products with the content that the Plaintiff sells and delivers the product to the consumers, and that the Defendant pays the Plaintiff the settlement amount after deducting the delivery fee.
In addition, the defendant agreed that not only the delivery of milk products but also the collection of the price shall be liable to the plaintiff.
However, the Defendant did not pay KRW 15,013,465 out of the settlement amount to be collected from consumers from April 2010 to November 2014 and paid to the Plaintiff, despite having sold and delivered relics supplied by the Plaintiff.
B. The defendant's assertion that he was employed by the plaintiff as a delivery agent, and the defendant merely received the delivery fee by assisting the plaintiff in the delivery of milk products and the collection of the price thereof, and does not conclude an entrustment contract with the plaintiff as an independent business entity.
In addition, the defendant does not have to hold the plaintiff liable for that part in the event that the payment is not made by the consumers.
3. Determination as to the cause of action
A. Whether a contract for the supply and delivery of milk products between the Plaintiff and the Defendant constitutes an entrustment contract for the sale of milk products.