(영문) 수원지방법원 2015.10.29 2015나561 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2015.10.29 2015나561

물품대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff Company is a wholesaler of alcoholic beverages, and the Defendant is a person who operates a restaurant in the name of "D" in the name of "Seung-gu, Young-si C and 103, and the Defendant was supplied with alcoholic beverages, such as liquor and beer, from the business director E of the Plaintiff Company until April 26, 2013.

B. During the period when E was working as a business employee in a number of liquor wholesale markets, around October 201, he/she had been employed in the company as a condition that he/she transferred approximately KRW 180,000 to the company of the Plaintiff on the condition that he/she will acquire 10% of the Plaintiff company’s shares, such as attempted bonds, ices, freezing and freezing, etc., and that he/she will be in charge of the business of the Defendant and other business partners.

C. The transaction and collection method of the Plaintiff Company: (a) fixing the price with a profit of 6-7% from the liquor producer as the ex-factory price; (b) the Plaintiff Company supplied alcoholic beverages ordered to the customer through the business partner, including E, to the customer; and (c) the business partner, including E, supplied the ordered alcoholic beverages to the customer; and (d) immediately received payment by the sales partner or the sales partner in cash or transferred them to the business partner’s account and deposited the ex-factory price into the Plaintiff Company’s account.

However, E did not deposit the amount of approximately KRW 40 million to KRW 50 million with the Plaintiff Company from among alcoholic beverages paid by the Customer around April 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff company did not receive KRW 7,884,100 from the defendant.

The defendant does not have any transaction relationship with the plaintiff company, and the total amount of alcoholic beverages supplied to E is all.

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