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(영문) 서울북부지방법원 2017.05.10 2015가단118707
물품대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 30,000,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

Facts of recognition

As a company selling clothing, the Plaintiff leased approximately 20 square meters of the building B 1st floor of Dobong-gu Seoul Metropolitan Government and operated it as a clothing store (hereinafter the store in this case).

On May 9, 2014, the Defendant: (a) set up a lease agreement with the Plaintiff at 3% interest rate on KRW 50,000; and (b) set up a lease agreement with the lessor by changing the name of the lessee of the instant store from the Plaintiff to the Defendant in order to secure the loan claim with the repayment claim of the lease deposit of the instant store.

On May 20, 2014, the Defendant additionally lent KRW 30,000,00 to the Plaintiff; however, the Plaintiff entrusted the Defendant with the operation of the instant store with the following content; and the said loan was substituted by KRW 30,000,000 as the deposit for entrusted operation.

(2) On February, 200, the Plaintiff supplied the Plaintiff’s product to the store of this case, and the Defendant sold the Plaintiff’s product and pays 60% of the sales commission, excluding 40% of the sales commission, to the Plaintiff.

3. The defendant shall pay 30,000,000 won as security deposit for the products supplied by the plaintiff.

Deposit shall be paid to the defendant immediately after the entrusted management contract is terminated.

4. In order to enhance the sales efficiency of stores, the defendant may buy or sell other products on consignment, in addition to the products provided by the plaintiff.

6. When selling the products provided by the Plaintiff, the sales proceeds of every month shall be settled using the card terminal provided by the Plaintiff.

7. The consignment period shall be until September 8, 2015, and may be extended or suspended through mutual consultation.

10. All products produced by the Plaintiff, other than products currently being sold, shall be supplied at all times.

On May 21, 2014, the Plaintiff, while transferring the instant store to the Defendant, prepared a inventory list as of May 20, 2014 and received signature from the Defendant C’s employee C.

The inventory list (Evidence A 7) shall include the name, unit price, and quantity of the inventory product.

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