(영문) 서울동부지방법원 2015.12.16 2015나1897

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(영문) 서울동부지방법원 2015.12.16 2015나1897

물품대금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On July 2009, the Plaintiff registered as a business entity of girls of the trade name “D” in Seongdong-gu Seoul Metropolitan Government H, and operated the said business together with C, his father.

On May 201, the Defendant registered as a new seller of the first floor 193 of the F building in Jung-gu Seoul, Seoul, and operated the above company with the husband E from that time.

B. Around May 201, when the Plaintiff and C (in the case of the joint title of the two persons, hereinafter “Plaintiff”) and the Defendant and E (in the case of the joint title of the two persons, hereinafter “Defendant”) supplied the Defendant products, such as verbal speech, etc. made by the Plaintiff to the Defendant, the Defendant entered into a consignment sales contract with the content that the Defendant would sell the products, such as verbal speech, etc., and pay the remainder after deducting various expenses, such as wages, meals, transportation expenses, shop rents, and management expenses, from the sales proceeds, to the Plaintiff’s side (hereinafter “instant contract”), and subsequently, he/she entered into the instant contract with the Plaintiff as the Plaintiff died on November 2012.

C. On March 15, 2013, the Plaintiff and the Defendant agreed to terminate the instant transaction, and thereafter, the Plaintiff supplied goods equivalent to KRW 14,328,500 to the Defendant side, irrespective of the instant transaction.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5 (including each number), and the purport of whole pleadings

2. Main claim;

A. With respect to the claim of KRW 45,458,200 for consignment sale, the Plaintiff asserted that the Plaintiff paid KRW 86,495,00 for the value of the goods supplied to the Defendant according to the instant transaction, and the sales amount therefrom was KRW 117,823,50 for which KRW 56,296,50 for which KRW 45,458,200 was paid among them. Since the consignment sales amount to be paid after settling the expenses according to the instant contract is KRW 45,458,200, the said money was paid.

유사 판례

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