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(영문) 대전지방법원 2016.10.07 2015나9965
손해배상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

The plaintiff is a person operating a demond agency, which is a wholesale and retail business of beverages, in Daejeon U.S., and the defendant is a person who independently manages at the above demond agency more than 40 business partners from January 2013 to September 16, 2014, such as Daejeon E, F, G, H, and I, and more than 40 business partners from September 16, 2014.

Members including the Defendant, who supplied beverages to the customer and received the price of the goods, enter the quantity of the goods, the price of the goods, and the amount of the deposit into a portable personal information terminal (PDA). Based on the computerized data, the Plaintiff prepared a list of accounts receivable for each customer's period, such as Gap evidence (including the serial number).

Members, including the Defendant, have received the price of goods from the customer in cash from the customer (if the price of goods is immediately deposited by the Plaintiff’s passbook in the transaction place, it shall be entered into the portable personal information terminal (PDA)), and the business employees received a certain amount of money in the ratio of sales according to the sales performance for each month identified on the basis of their input computerized data.

Where the business affairs of other business members are transferred, the current status of the business partners to be transferred from the former business members, the amount of accounts receivable from the former business partners, etc.

The Customer's Account Transferee shall confirm the conformity between the outstanding amount on the list of accounts receivable on the list of accounts receivable by the Customer and the actual amount due by the Customer, and if any, the difference shall be made in the form that the former Business Member compensates for the difference.

Around January 2013, the Defendant was handed over by the J to check the outstanding amount, etc. by each customer. The Defendant did not raise an issue, such as the difference between the outstanding amount and the outstanding amount, to the Plaintiff or J.

A business member shall be a business member.

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