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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is a person who concludes an agency contract with SK Telecom Co., Ltd., KT, etc. and sells telecommunications equipment.
B. B entered into a contract with the Plaintiff on February 3, 2015 on consignment sale of mobile phones and on consignment of business in the name of her mother, and the main contents are as follows:
(hereinafter) The above contract "Article 3 (1) may sell the mobile phone terminal that the Plaintiff provided to the Defendant on condition of joining or opening the mobile phone terminal, and the ownership of the non-entered or opened mobile phone terminal is the Plaintiff. ② Until the sales proceeds of the mobile terminal and other products supplied by the Plaintiff are fully settled, the ownership of the mobile phone terminal and other products shall exist. In any case, the Defendant shall not transfer or dispose of the rights or obligations arising from the mobile phone and other products provided by the Plaintiff or the contract. Article 6 (1) The Defendant shall pay the price of the products purchased from the Plaintiff or the amount received by the Defendant from the clients on the basis of performing the entrusted duties of the Plaintiff to the Plaintiff on the following day: Article 7 (1) The mobile phone and other products occurred prior to the delivery of the mobile phone and other products shall be liable by the Defendant, and the mobile terminal and other products conversion price shall be paid to the Plaintiff as the principal at the time of occurrence of the damage (hereinafter referred to as the "instant contract").
B under the instant contract, from March 2015 to May 20 of the same year, received total of KRW 2,006,980, including the installment of the mobile phone and the charges from the Plaintiff’s customers, and embezzled them at will without paying to the Plaintiff. In addition, around February 6, 2015, the total market price of the mobile telephone terminal devices, such as Gaphone 6 (daily number: C) supplied by the Plaintiff was kept for the Plaintiff.