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1. The Defendant’s KRW 14,00,000 as well as the Plaintiff’s annual rate of KRW 6% from September 6, 2016 to January 11, 2018.
Reasons
1. Facts of recognition;
A. On February 15, 2013, the Defendant entered into an agency contract with C Co., Ltd. (hereinafter “C”). On February 15, 2013, the Defendant entered into an agency contract with E, who operates a private business entity operating “F” in relation to the normal goods among the above brand clothing products, to sell the above brand clothing products.
According to each of the above agency contracts, the defendant shall return all the goods immediately after the contract is terminated, and shall settle all the matters concerning the transaction between them within 15 days after the contract is terminated under consultation and agreement, and the return of the deposited deposit shall be handled within 45 days after all the accounts are settled.
Pursuant to each of the above agency contracts, the Defendant paid KRW 5 million to C with the transaction deposit and KRW 10 million to E respectively.
B. Around March 2013, upon filing an application for rehabilitation, C was no longer able to supply products to Defendant and other agents, and around May 8, 2013, C transferred to E all the products, products, inventory, credit sales claims, business bonds, and other rights related to securities that C has against the Defendant.
Since then, the defendant continued to maintain transactional relationship with E and F brands on the condition of E and carried-over goods.
C. Meanwhile, from March 2013, the Defendant received “I” brand garment products from H (hereinafter “H”) that E is the representative director, and issued and processed a tax invoice for “I” brand garment products as H.
Since September 4, 2013, E and H were unable to repay bills, and the supply of products was suspended.
E. On April 7, 2015, H was subject to the cancellation or termination of the sales proceeds claim 94,546 won and the contract, as of September 2, 2013, for which H had against the Defendant by virtue of the I agency contract concluded with H to the Plaintiff on April 7, 2015.