(영문) 수원지방법원 안산지원 2018.04.11 2016가단67458

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(영문) 수원지방법원 안산지원 2018.04.11 2016가단67458

보증금 반환 등

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1. The Defendant (Counterclaim Plaintiff) paid KRW 65,700,000 to the Plaintiff (Counterclaim Defendant) and its related amount from September 8, 2016 to April 11, 2018.

Reasons

1. Determination as to the cause of the principal claim

A. The Plaintiff (the Plaintiff’s trade name was changed from C to B on January 9, 2015, to B on September 30, 2015) entered into a consignment sale contract (hereinafter “instant contract”) with the Defendant and the Plaintiff on January 30, 2015, under which the Defendant and the Plaintiff are entrusted with the sale of a private-use season, etc. from the Defendant and sold it to the end-user, and upon receiving the difference between the consumer price and the agency price as sales commission, paid KRW 20 million out of the agency deposit amount to the Defendant at the time of termination of the instant contract. 2) Under the instant contract, the Plaintiff sold the private-use period (BL 130K) to D (E) on March 19, 2015 to KRW 300,000,0000,0000,0000,0000,000 won to KRW 3300,000,00,000.

3) The instant contract was terminated by the agreement between the Plaintiff and the Defendant around August 2015, 2015, with a total of KRW 3.2 million for the foregoing type of agency price for the type of resignation sold in E, and the total of KRW 13.5.3 million for the type of resignation sold in G. 4)

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1-1, Gap evidence 2-4, Gap evidence 6-1, 2-7, and the purport of the whole pleadings

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff a total of KRW 20 million and sales commission of KRW 45.7 million [= G sales commission of KRW 12.7 million (= KRW 148 million - KRW 135.3 million - KRW 335 million - KRW 32 million)] and the Plaintiff a total of KRW 65.7 million and delay damages.

The plaintiff asserts that the sales commission is KRW 17.5 million on the premise that the two agencies price of the above type of type of type of type of type of type of type of type of type of type of type sold G is KRW 130,500,000,000,000. However, as seen earlier, the two agencies price of the type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of

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