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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On September 27, 2012, the Plaintiff: (a) concluded a sales agency contract with the Defendant for the sales, inventory management, etc. of the goods supplied by the Plaintiff; and (b) concluded a sales agency contract with the Plaintiff for the sales of the goods (hereinafter “instant contract”); and (c) subsequently, the said contract was renewed and maintained until July 31, 2015.
B. On June 16, 2015 and July 6, 2015, the Plaintiff’s inventory on the instant store was found to have lost the Plaintiff’s goods worth KRW 25,401,070, and the Defendant caused damage to KRW 16,179,949 by manipulating the Plaintiff’s computerized records of the integrated sales computer system.
C. Although the Plaintiff had reached a total of KRW 41,581,019, the amount of damages was reduced to KRW 28,101,566, and accordingly, the Defendant drafted a written performance assurance to the Plaintiff on July 9, 2015, stating that “The amount of damages adjusted to KRW 28,101,566 shall be repaid until July 31, 2015.”
On July 31, 2015, the Plaintiff terminated the instant contract with the Defendant, and conducted a re-inspection of the inventory of the instant store. A new fact was found that the Plaintiff’s goods owned by the Plaintiff were lost. Accordingly, the Defendant signed a written confirmation of the inventory inspection that confirmed the result of the inventory inspection, stating that the Defendant would be liable for any excess or shortage in inventory.
E. At the time of the instant contract, the Defendant repaid KRW 19,611,460, which is part of the damages indicated in the said repayment undertaking, by offsetting the deposit paid to the Plaintiff, the sales commission to be paid by the Plaintiff, etc.
[Ground of recognition] Facts without dispute, Gap 1-3 evidence, Eul 3 evidence, the purport of the whole pleadings
2. Comprehensively taking account of the facts acknowledged prior to the determination of the cause of the claim.