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1. The Defendant’s KRW 98,839,750 among the Plaintiff and KRW 57,024,710 among the Plaintiff, shall be KRW 41,815,040 from March 1, 2012.
Reasons
1. Basic facts
A. On May 10, 201, the Plaintiff is a company established by Nonparty B for the purpose of wholesale and retail business of communications equipment. The Defendant is a company established on May 19, 2004 for the purpose of selling communications equipment.
B. Around January 2, 2010, B, who was engaged in the retail business, “C” prior to the incorporation of the Plaintiff Company, entrusted the sale of communications equipment, such as smartphones, sold by the Defendant to B, and B entered into a consignment contract with the Defendant to sell the said communications equipment, etc. to the customers and to receive consignment fees from the Defendant.
C. After the Defendant established the Plaintiff Company, the Defendant did not prepare a new consignment agreement with the Plaintiff Company. However, since August 201, 201, the Plaintiff Company was established, the consignment commission was remitted to the Plaintiff Company’s account, and the tax invoice was issued in the name of the Plaintiff Company.
B filed a lawsuit against the Defendant seeking payment of the aforementioned fee on January 1, 2012 and February 2012 (Tgu District Court 2015da105817). However, on November 13, 2015, the said court rendered a judgment dismissing B’s claim on the ground that the Defendant is not a party B, not a party to a consignment contract with the Defendant.
Therefore, although B appealed, on November 9, 2016, the judgment dismissing the appeal was rendered, and the above judgment became final and conclusive on December 2, 2016.
E. On January 2012, 2012, the Plaintiff’s fees for communications equipment, which was entrusted by the Defendant, are KRW 57,024,710, and the fees for February 2, 2012 are KRW 41,815,040.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant shall be liable for payment for KRW 98,839,750 as consignment commission fees ( = 57,024,710 won) and for KRW 57,024,710 as to KRW 57,024,710 as of January 1, 2012 from March 1, 2012, and for KRW 41,815,040 as of February 1, 2012.