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(영문) 인천지방법원 2014.11.05 2014나6497
물품대금
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserted that the plaintiff supplied the defendant with eco-friendly organic farming products (hereinafter "the goods of this case") equivalent to KRW 993,000 on credit around January 16, 2010, as the store C, which is the entrusted store of Eswewewa Korea Co., Ltd. (hereinafter "entrusted company"), and according to the contract with the entrusted company that prohibits the sale of the goods of this case, the plaintiff paid 93,000 won with the plaintiff's credit card on behalf of the defendant, and the defendant agreed to pay the plaintiff the amount equivalent to the price of the goods of this case within 1,2 months. Ultimately, the plaintiff lent the amount equivalent to the price of the goods of this case to the defendant, and the defendant is obligated to pay the plaintiff the above amount of KRW 993,00 and delay damages.

2. The commission agent is a person who engages in the business of selling and selling goods or securities on his/her own account (Article 101 of the Commercial Act). The commission agent acquires a direct right and bears an obligation to the other party as a result of a sale and purchase on his/her own account (Article 102 of the Commercial Act). In full view of the purport of the whole pleadings as to the statement in subparagraphs 1 through 4, the Plaintiff entered into a contract between the commission company and the commissioning company on September 4, 2009, under which the Plaintiff supplied the goods to the Plaintiff on his/her own account and is paid an amount equivalent to 5% of the monthly sales amount from the entrusting company. On the other hand, the Plaintiff settled the price with the Plaintiff’s credit card at the time of purchasing the goods of this case supplied by the entrusting company from the Plaintiff on January 16, 2010. The above contract between the Plaintiff and the Defendant is a substitute sales contract under the Commercial Act, and the party to the goods supply contract against the Defendant is not a commissioning company.

Therefore, the plaintiff is entrusted company.

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