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(영문) 서울고등법원(춘천) 2017.05.17 2016나1385
대여금
Text

1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who is equivalent to the following amount ordered to pay the principal lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in the wholesale business of the steel pipe in the name of “C” in the original city of Kuju-si, and the Defendant is a company whose business purpose is the manufacturing and selling of pipes related to environment.

I was appointed as the representative director of the defendant on July 13, 2006, but resigned on January 15, 2009, and J was appointed as the representative director of the defendant on April 7, 2009.

B. At the time of May 2, 2008, the Plaintiff transferred KRW 30 million to the bank account in the name of K, which was the head of the Defendant.

C. Around January 2009, the Plaintiff and the Defendant entered into an agency contract with the following contents (hereinafter “instant contract”).

Article 2 (Supply Products) A (referring to the Defendant; hereinafter the same shall apply) shall supply to B (referring to the Plaintiff; hereinafter the same shall apply) all products produced or sold by A (referring to the Defendant; hereinafter the same shall apply) and sell them.

Article 3 (Sales and Business Area) (1) A shall sell any product he/she has acquired from A under the responsibility of B.

(2) The business area of Eul shall be limited to the original city of Gangwon-do, and when it is intended to sell the products of Gap in any area other than the above, it shall obtain prior approval from Gap.

Article 4 (Supply of Products) (1) A shall, in principle, supply goods at the arrival of the business place of B, and all the expenses shall be borne by A.

Provided, That this shall not apply where otherwise determined by mutual agreement.

(2) If the size, quantity, defect, damage, etc. of a product is found as soon as the acquisition of the product, Eul shall notify Gap in writing within 24 hours, and if there is no separate objection or notice, it shall be deemed that there is no problem in the product, and Eul shall not raise any objection to the product he/she has taken over.

Article 6 (Sales Price) (1) The supply price for products offered by A to B shall be determined by A.

Article 7 (Direct Sales of A) A shall recognize the goodwill in the sales area of B.

Provided, That where the amount of government-funded construction exceeds a certain amount, the direct sales price shall be the same.

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