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(영문) 인천지방법원 2019.04.26 2018가합53695
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 29, 2012, the Plaintiff and the Defendant (the trade name was changed from “Stock Company C” to the present on February 9, 2018) drafted a consignment contract with the following terms (hereinafter “instant consignment contract”) (hereinafter “instant consignment contract,” and the legal act therefrom “instant consignment contract”).

Commission contract / [Article 1] Contract Goods

1. brand: D, E;

2. Quantity: D-49,658 points, E-53,120 points;

3. Unit price: 7,000 won (including value-added tax).

4. Total amount of goods: KRW 719,446,00 (including value-added tax) [Article 2] The Plaintiff shall pay the price of goods and the price of goods to the Defendant as follows: 1. The Plaintiff shall use the sales code or card flag as the card unit designated by the Plaintiff at the time of selling the goods under this contract, and shall report data on monthly sales.

2. The sale proceeds of the good shall be completed within six months from the date of the contract.

[Article 3] The management of the main product owned by the goods shall be managed in the plaintiff's warehouse, and the ownership of the goods shall be the defendant before the price of the goods is completed, and in no case the plaintiff shall provide the third party with the goods as a security

[Article 4] The plaintiff confirming the quantity of sales must respond immediately to the request of the defendant for the sales volume and inventory until the settlement of the price of goods is completed.

B. On October 6, 2012, the Plaintiff leased 92 square meters from the F Co., Ltd. (hereinafter “F”) as lease deposit 30,000,000 won, monthly rent of KRW 3,000,000 (excluding value-added tax), and from October 15, 2012, the Plaintiff kept clothing, etc. at the same place around that time.

C. Meanwhile, the J, which was engaged in the manufacture and sale of 364 square meters among the instant factories from F and engaged in the manufacture and sale of maternity sculptures and food, etc., was annually related to the leased portion, extended the household building without permission, and on October 17, 2012.

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