(영문) 수원지방법원 2017.09.28 2016가단8790

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(영문) 수원지방법원 2017.09.28 2016가단8790

손해배상(기)

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1. Defendant B shall pay 40,720,000 won to the Plaintiff and 15% per annum from August 10, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 20, 2013, the Plaintiff entered into a commission agreement for sale of goods (hereinafter “instant contract”) with a customer under the name of the Plaintiff Company as the head of Defendant B and Defendant B’s branch office, and the Plaintiff entered into a cosmetics sales contract with the Defendant B to pay the sales commission to the Plaintiff.

B. Article 6 of the instant contract provides that the ownership of the goods released through the manager shall be reserved by the Company and shall be managed and preserved as the fiduciary duty of the good manager until the goods released to the manager are sold to the customer, and until the settlement of the customer for the goods is completed.

In addition, Article 7 of the contract of this case provides that if the customer withdraws the contract within 14 days after entering into the contract for the purchase of goods, the goods shall be returned by the customer and the corresponding goods shall be immediately refunded to the customer, and the goods shall not be purchased from the company at its expense for the purpose of obtaining excessive fees and promoting the sale of the goods which have not been sold after the delivery.

C. The Plaintiff supplied goods to the Defendant from the date of the instant contract to February 2015. As of the end of each month, the Plaintiff and the Defendant B have settled the amount of goods shipped out, whether the goods shipped out, and whether the goods the return of which became final and conclusive are delivered.

Defendant B retired from the Plaintiff Company around May 2015.

On November 5, 2015, Nonparty D, at Defendant B’s request, made a credit card payment without a commodity transaction, but did not cancel the credit card approval as agreed by B, and Defendant B’s credit card of KRW 35,424,00,00, and KRW 6,000,00, and the care cost not paid after the prior payment.

유사 판례

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-수원지방법원 2019.08.22 2018나75849

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