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(영문) 대구고등법원 2017.09.22 2016나21590
약정금
Text

1. Of the judgment of the first instance, the part against the defendant exceeding the cited portion of the plaintiff's claim is revoked, and above.

Reasons

1. The Plaintiff is a merchant engaged in sales business, such as drilling and math, with the trade name of “C,” and the Defendant is a merchant engaged in sales business and warehouse business at the same time with the trade name of “D.”

From around 2009 to 2012, the Plaintiff entered into an oral agreement with the Defendant on the transaction of agricultural products, such as increase and decrease.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Part of a claim under the agreement of 2009 (Partial citement);

A. The terms of oral agreement and a loan for consumption take effect when one of the parties agrees to transfer the ownership of money or any other substitute to the other party and the latter agrees to return such ownership in the same kind, quality and quantity (Article 598 of the Civil Act). The commission agent bears his obligation to the other party due to the sale and purchase on behalf of the principal (Article 102 of the Commercial Act). The provisions concerning delegation of the Civil Act apply to the relationship between the principal and the commission agent, and the provisions concerning delegation of the Civil Act apply to the relationship between the principal and the commission agent (Article 112 of the Commercial

(Article 155 of the Commercial Act). Deposit takes effect upon the entrustment of custody of money, securities and other things to the other party and the other party’s consent thereto (Article 693 of the Civil Act). The fact that the Plaintiff purchased and owns funds from the Defendant on the first day of 2009, and the Plaintiff sold them to the outside in custody in the Defendant’s warehouse. that the Defendant made an oral agreement to pay to the Plaintiff the remainder after deducting the amount of the money, securities and other things from the sales amount increased by the Plaintiff’s ownership (i

B. The following facts do not conflict between the parties that there is no dispute over whether or not a claim exists or not:

The plaintiff purchased 405,540 g in 2009, and 100,400 g among them are the plaintiff.

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