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1. The defendant's 14,830,047 Won and its related 5% per annum from June 25, 2020 to February 24, 2021 to the plaintiff.
Reasons
Basic Facts
The Plaintiff is a company selling clothing brand goods. The Defendant entered into the instant sales management contract with the Plaintiff around 2011 (hereinafter “instant sales management contract”) and was in charge of the management of goods, customer reception and sales, inventory and sales, management of sales records, etc. as a manager of the “C” brand store in Bupyeong-si from July 22, 2011 to April 1, 2020.
According to the sales management contract of this case, the Plaintiff paid monthly sales commission in proportion to the sales amount of the goods sold by the Defendant to the Defendant, and the Defendant, while keeping and selling the goods acquired from the Plaintiff, is obligated to keep the inventory in order to prevent any inconsistency between the computerized inventory due to the lack of inventory management and the actual inventory due to the lack of inventory management in the store of this case. If there is a difference in quantity as a result of inventory inspection, the Plaintiff is
On April 1, 2020, a inventory loss equivalent to KRW 69,184,00 has been found as a result of a inventory inspection. On April 7, 2020, the Defendant recognized that the goods equivalent to KRW 69,184,00 have been lost, and drafted a written promise to reimburse the loss.
[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 6 (including various numbers if there are several numbers), and the fact that the defendant is liable for damages as to the cause of claim as to the whole purport of the pleadings. According to the above fact-finding, since the defendant did not properly perform its contractual obligations under the sales management contract of this case and lost its goods worth KRW 69,184,000, the defendant is liable for compensation for the plaintiff's damages.
However, the scope of liability for damages is limited to the defendant's intentional deduction of goods or arbitrarily sold goods, and the contents of the goods have been concealed and embezzled, but the goods have been sold and managed normally, but the goods have been lost in actual number.