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(영문) 부산고등법원(창원) 2020.09.03 2020나10131
손해배상(기)
Text

The plaintiff's appeal is dismissed.

At the request of the plaintiff added by this court, the defendant 347,541 won.

Reasons

1. The reasoning for this Court’s judgment is as follows: (a) the reasoning for this Court’s judgment is as stated in the main sentence of Article 420 of the Civil Procedure Act, since the grounds for appeal Nos. 6 through 4 are as stated in the judgment of the court of first instance.

2. Judgment on the plaintiff's claim

A. The Plaintiff filed a claim for the payment of management fees with the Defendant for the payment of KRW 16,58,33 from June 20, 2014 to December 27, 2019 under the instant entrustment contract and damages for delay. The fact that Article 5 of the instant entrustment contract provides that “the Defendant shall pay KRW 250,000 to the Plaintiff as the monthly consignment fee in return for the entrustment of management rights” is as set out in the above basic facts.

However, in light of the following circumstances, the Plaintiff’s transport expenses to be paid to the Defendant under the instant consignment contract, namely, the transport expenses to be paid by the Plaintiff to the Defendant under the instant consignment contract, which are considerably larger than the above management entrustment fees to be paid by the Defendant, and are likely to have been paid after deducting the above management entrustment fees when the Plaintiff paid the Defendant. Since June 20, 2014 when the instant consignment contract was concluded on and after the date when the dispute occurred between the Plaintiff and the Defendant from June 20, 2019, the Plaintiff did not separately receive the management entrustment fees from the Defendant while paying the transport expenses to March 2019, and did not demand the Defendant to pay the management entrustment fees. In light of the following circumstances, the Plaintiff is determined to have received the above management entrustment fees from June 20, 2014 upon which the instant consignment contract was concluded to June 20, 2014 to March 20, 2019.

In addition, Article 5 of the entrustment contract of this case as seen above is a health unit with respect to the entrustment fee for business management after March 2019.

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