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(영문) 부산지방법원 2020.11.20 2020나40112
물품대금
Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. Facts of recognition;

A. On March 9, 2016, the Defendant: (a) between the Plaintiff on March 9, 2016, concluded a contract between the Defendant and the Plaintiff to be supplied with clothes, paintings, etc. and sell clothes and miscellaneouss in the trade name of “C Points” (hereinafter “instant agency”); and (b) concluded a contract between the Plaintiff and the Plaintiff to sell clothes and

B. Around that time, it started the operation of the above store.

B. At the time of the above agency contract, the Defendant received 27,000,000 won from the Plaintiff at the time of the contract, and the Defendant received 27,000,000 won from the Plaintiff, and where the termination of the contract and the business cannot be continued within the period of more than 3 years but not more than 4 years from the beginning date of the business, the Defendant is a special contract under which 30% of the amount

(C) Around April 2019, the Defendant terminated the contract with the Plaintiff and suspended agency business. D. The Defendant did not pay KRW 2,904,01 to the Plaintiff the amount of the goods. [The Defendant did not dispute over the grounds for recognition, and written evidence Nos. 2, 2, 3, and 4, and the purport of the entire pleadings.

2. According to the above findings of the determination on the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 2,904,01 for unpaid goods and ② terminate the contract at the time between three and four years as of the commencement date of the instant agency business, and suspend its business at the time between three and four years. As such, the Plaintiff is obligated to pay the Plaintiff the total sum of KRW 10,267,647,647, and delay damages for the amount of KRW 24,545,454 (excluding value-added tax) 30% of the facility subsidies sought by the Plaintiff.

3. Judgment on the defendant's assertion

A. The defendant asserts that the contract of this case was signed in blank.

A private document shall be presumed to be authentic when it is signed, sealed, or stamped by the principal or by his/her agent. Thus, if it is recognized that the person who prepared the private document voluntarily signed, sealed, or stamped the private document, that is, if it is recognized that the portion of the seal, etc. is established.

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