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(영문) 수원지방법원성남지원 2017.12.19 2016가합208033
보증금반환
Text

1. As to KRW 121,170,142 among the Plaintiff (Counterclaim Defendant) and its KRW 92,370,142 among the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) on April 7, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 2004, the Plaintiff entered into an agency contract with the Defendant, who is engaged in the business of manufacturing and selling clothes, with regard to the five-story “F store” (hereinafter “instant store”) owned by the Defendant, Sungnam-si, Sungnam-si (hereinafter “instant agency contract”) and operated the instant store’s business until February 14, 2015.

The Defendant received KRW 30 million from the Plaintiff as a security deposit in order to secure damages arising from the transaction of goods related to the instant agency contract, and received from G the registration of the establishment of a mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based (hereinafter “instant apartment”) on July 4, 2013, the Suwon District Court’s 107906 maximum debt amount was received on July 4, 2013.

B. Since then, following the Defendant’s change of business policies from the agency business method to the direct management method, the instant agency contract was terminated by entering into a sales consignment contract with the Defendant on February 14, 2015 (hereinafter “instant agency contract”) with the Defendant, but the said contract was terminated.

Each security contract mentioned in paragraph (1) is changed to that for the plaintiff's liability for damages under the sales consignment agreement, and has been maintained as it is.

C. Meanwhile, upon the termination of the instant agency contract, and the conclusion of the instant entrustment contract, the Defendant, on April 6, 2015, found that the inventory in the instant store was kept at the inventory of KRW 115,733,143.

Accordingly, the Defendant confirmed that the Plaintiff was liable for payment of KRW 92,370,142 (=15,733,143 - 23,363,01) calculated by deducting the Plaintiff’s unpaid amount of KRW 23,363,01 from the above inventory goods price.

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