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(영문) 의정부지방법원 2020.01.21 2018나217319
물품대금
Text

1. The judgment of the first instance, including the claims added at the trial, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. Basic facts

A. From January 21, 2015, the Defendant worked as an employee of the Plaintiff, who is a corporation engaged in furniture manufacturing business, furniture wholesale and retail business, etc., and retired from office around October 5, 2016.

B. Upon receipt of a request from a customer to establish a customized household at the time when the plaintiff's employee works as the employee, the defendant prepared a product order form and deliver it to the plaintiff, and the plaintiff produced the household in accordance with the above product order form, and established the household at the place

The defendant had the plaintiff issue a tax invoice to the customer, and directly received the price of the household from the customer, and he did so by depositing the remaining amount excluding the amount equivalent to his fees into the plaintiff's account.

C. Even after the withdrawal of the Plaintiff Company, the Defendant is above B.

The work was conducted in the same manner as the paragraph.

[Ground of recognition] Facts without dispute, Gap's 1, 6 through 10, 14, 15, 17 evidence, Gap's 13-1 through 6, Gap's 16-1 through 29, and the purport of the whole pleadings

2. Determination as to the claim for the payment of the price for the goods that occurred when the defendant worked as the plaintiff's employee

A. The plaintiff's assertion is that the defendant, while working as a general manager of the plaintiff's business, sold the household manufactured by the plaintiff and managed C, D, and E in the same manner as the above basic facts, and ① the amount receivable 4,962,00 won related to the defendant's business operation at the business division of the head office, ② the amount receivable 1,989,750 won related to the defendant's business operation at the business division of the head office, ② the amount receivable 4,402,136 won related to the defendant's business operation at the business division, ③ the amount receivable 4,402,136 won, ④ the total amount of 2,103,00 won related to the D amount related to the business members, ⑤ the amount of outstanding amount of 512,00 won related to the business members E was not paid to the defendant even if the defendant did not receive it from the customer.

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