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(영문) 부산지방법원동부지원 2019.04.18 2018가단218351
물품대금
Text

1. The Defendant: (a) KRW 20 million to the Plaintiff and the Plaintiff’s 5% per annum from January 16, 2019 to April 18, 2019.

Reasons

1. Facts of recognition;

A. On July 12, 2016, the Plaintiff, from the Defendant, took over the business of the instant store (C substitute store located in Ulsan-gu) from the Defendant, to operate the business directly for KRW 135 million, but the Plaintiff had the intention to sell the instant store to a third party by means of low sales.

1. The Defendant is delegated with the operation of the instant store by the Plaintiff and is acting as an agent from September 26, 2016 to March 31, 2017.

In addition, the defendant is delegated with the right to transfer the sales of the store of this case.

2. All expenses incurred during the period of acting as an agent are liable to the Defendant and shall be paid to the Plaintiff one million won per month.

3. If the business transfer is not made to a third party until the end of March 2017, the instant store business shall be transferred again in the amount of KRW 130 million for the premium of KRW 130 million.

4. The price of the goods within the store of this case shall be 41,630,295 won, and if the goods are sold, the price shall be calculated by adding 20 million won to the goods.

5. Where the above terms and conditions of the contract are violated, a claim for compensation of 20 million won may be made.

B. Around September 2016, the Defendant, who became aware of this, concluded a so-called agency operation contract with the Plaintiff.

The main contents are as follows:

(No. 4) Certificate, A, C.

However, the Defendant failed to pay 1 million won per month as agreed upon in the above agency operation contract, and even after March 31, 2017, the Defendant did not resume the business of the instant store.

On May 30, 2018, the Plaintiff transferred the business of the instant store to a third party in the premium of KRW 60 million under the Defendant’s understanding.

[Ground] : Each entry of Gap evidence Nos. 1 through 6 and the purport of the whole pleadings

2. Determination:

A. In concluding the above agency operation contract, the Plaintiff lent KRW 20 million to the Defendant, and ② transferred the goods (cosmetics, etc.) in the store of KRW 41,630,295. On April 2018, the Defendant and the Defendant did not search for or take over the transferee of the business. As such, the Plaintiff directly sought another underwriter.

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