손해배상(기)
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Basic facts
A. The Plaintiff is a person who engages in dry products, food wholesale, retail business, etc. under the trade name of “D”.
Co., Ltd. E (hereinafter referred to as “E”) is a company engaging in Schlage management, etc., and F (hereinafter referred to as “F”) is a company engaged in manufacturing and selling paints, etc., Defendant B was the E’s representative director from October 24, 2016 to January 31, 2017, and is the F’s representative director from October 24, 2016 to October 24, 2016.
Defendant B’s mother is an internal director who is the representative of E from January 31, 2017 to December 31, 2017, and is F’s internal director from December 30, 2016.
B. On December 16, 2016, between E and E, the Plaintiff entered into an agreement with the Plaintiff on the consignment sale of food materials, such as the Plaintiff’s dried fish, to the “G Mart” operated by the Plaintiff, on the 20th day of each month after the completion appraisal (hereinafter “instant consignment agreement”).
C. According to the instant consignment sales agreement, the Plaintiff supplied to E totaling KRW 11,878,273 from December 2016 to February 2, 2017, and the Plaintiff returned to the Plaintiff 14,400 won on February 8, 2017, and KRW 126,500 on February 15, 2017.
F on January 31, 2017, instead of performing the obligation to pay the price of goods to the Plaintiff, the F delivered to the Plaintiff a check of the unit value of the F’s par value of KRW 6,500,000, but the said check was refused on March 10, 2017.
E. E was closed on March 23, 2017, and F was closed on May 4, 2017.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 10 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. The Defendants asserting that the Plaintiff’s assertion did not enter into the instant consignment sales agreement by deceiving the Plaintiff without intent to deposit the settlement amount from the beginning, and did not receive food materials from the Plaintiff and pay the Plaintiff the settlement amount of KRW 11,137,373 [The amount of supplied goods = KRW 11,878,273 - KRW 614,400 (return KRW 126,50)]; and thereby, obtain the above amount.