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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On June 2016, the Plaintiff agreed to receive clothes, etc. from the company located in China, and then pay the amount to the Plaintiff after selling them in Korea.
B. The Plaintiff paid a sum of KRW 39,408,081 (hereinafter “instant amount”) to the Defendant from June 8, 2016 to October 19, 2017 pursuant to the said agreement.
C. On June 2016, the Defendant received money from the Plaintiff, and imported a kind of gam from a Chinese company once and around October 2016. D.
From July 2016 to October 19, 2017, the Defendant sold the clothing imported as above, calculated the monthly settlement amount and sent the details thereof. From October 5, 2016 to October 19, 2017, the Defendant remitted KRW 13,148,071 to the Plaintiff on a non-regular basis.
E. On October 19, 2017, the Defendant paid KRW 751,751 calculated by the settlement of accounts for sales on February 2, 2017 to the Plaintiff on October 19, 2017, and did not pay the settlement of accounts for sales after March 2017.
On January 3, 2018, the defendant's inventory of the oil clothing that was identified by the defendant around January 3, 2018 reaches 2,802,807 won.
F. On the other hand, the Defendant, on June 27, 2017, would arrange for the Plaintiff to arrange the name of the Plaintiff from August 27, 2017 to September 2017.
The phrase, “I,” and “I, first arranged the articles, and then, I would like to arrange the amount that I would like to pay to the plaintiff from November to the point of view that I would like to arrange for the sale of the articles, which would be possible from around 10 to the point of view.
"," and "Scarfs, among the winter clothes, have been known to be well sold, and there is a concern about sales other than that in mind, but the transfer of scarfs to be made at the time of dumping even if they were to be sold at dumping.
There is a fact that not only the summer clothes but also the winter clothes will be accepted.
“Before wintering, the date of entry into and departure from the Plaintiff is accurate.”