(영문) 대전지방법원 2017.07.18 2016나4226 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2017.07.18 2016나4226

약정금

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. The assertion;

A. The Plaintiff asserts that, while handing over the Cdong-gu and Jung-gu coffee agency to the Defendant, the Defendant is obligated to pay the Plaintiff the outstanding amount of transaction partner accounts, 6,201,608 won and damages for delay, as the said coffee agency transferred to the Defendant the outstanding amount and inventory of transaction customers not paid by each transaction partner until that time, and the Defendant agreed to pay the amount corresponding thereto to the Plaintiff (hereinafter “instant agreement”).

B. As to this, the Defendant asserts that there was no agreement between the Plaintiff and the Plaintiff, and that even if it is acknowledged that the agreement was made, the Defendant agreed to rescind the instant agreement in the process of the transfer.

2. In full view of the statements in Gap evidence Nos. 1 through 9 and the purport of the witness D of the court of first instance as well as the entire testimony and arguments, the defendant may recognize the fact that on February 12, 2013, the defendant agreed to take over C Dong-gu and Jung-gu coffee agency from the plaintiff, and take over the amount of inventory equivalent to KRW 8,272,858 and KRW 7,000,000, which was not paid to the plaintiff by each customer until then, and shall pay the plaintiff the total amount of KRW 15,272,858.

However, the following circumstances, which are acknowledged by the statements in Gap evidence Nos. 8 through 10, and the purport of Gap's testimony and the entire argument as a witness D of the court of first instance, namely, the plaintiff brought the inventory goods that the plaintiff would hand over to the defendant under the agreement of this case, and the defendant reversed the agreement of this case. Unlike the agreement of this case, the plaintiff also claims against the defendant for the transaction partner's outstanding amount against the defendant and transferred it to the defendant (=2,071,250 won among the transaction partner's outstanding amount which the plaintiff claimed against the defendant and transferred to the defendant (=2,071,250 won).

유사 판례

-대전지방법원 2019.09.19 2018나109897

-광주지방법원 2014.06.17 2014가단4731

-광주지방법원 2015.09.25 2014나7076

-수원지방법원 2017.01.12 2016가단17770

-부산지방법원 2016.04.29 2015나4068