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(영문) 부산지방법원 2017.07.12 2016가단27937
물품대금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant asserted the cause of the Plaintiff’s claim: (a) from May 1, 2012 to May 31, 2015, the Defendant served as a person in charge of the Plaintiff’s sales of alcoholic beverages; (b) agreed to be responsible for collecting outstanding amounts and loans from his/her customer; (c) on May 2015, the Defendant agreed to be responsible for the outstanding amounts and outstanding loans from the transaction partner, including D, E, F, and the Defendant, who was the representative director at the time of the Plaintiff’s change of the actual stock price; and (d) on September 2015, the Defendant agreed to be responsible for the outstanding amounts and outstanding loans from the transaction partner who was wholly managed by the Plaintiff.

Since the outstanding amount of the customer who was managed by the Defendant during the period of his employment is KRW 9,581,070, and the outstanding amount of the loan is KRW 13,081,400, the Defendant is obligated to pay the Plaintiff the total amount of the outstanding amount of the loan and the outstanding amount of the loan as damages due to the failure to comply with the agreement or agreement under the above agreement, and damages for delay.

2. According to the statements in Gap evidence 1-1-3 and witness D's testimony, it is recognized that D, E, and F, who was in charge of the plaintiff's business, has settled the accounts receivable, etc. of the customer, and retired. On the other hand, it seems to be based on individual agreements concluded in the course of arranging the claims and obligations arising between the plaintiff and the plaintiff.

Therefore, the fact that D, E, and F et al. settled accounts and paid the accounts receivable of the Customer cannot be deemed to have agreed between the Plaintiff and the Defendant to pay the accounts receivable, etc., and the fact that there was an agreement between the Plaintiff and the Defendant on the payment of the accounts receivable, etc. should be acknowledged by other evidence.

However, as shown in the plaintiff's assertion, Gap evidence Nos. 2 and Gap evidence No. 8 are stated, witness D's testimony.

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