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1. The Defendant’s KRW 92,11,00 for the Plaintiff and 6% per annum from September 15, 2017 to November 23, 2018.
Reasons
Basic Facts
A. On August 1, 2015, the Defendant entered into a consignment contract with the Plaintiff on the terms that the Plaintiff would receive approximately 10-12% of the price of the goods from the Plaintiff (hereinafter “instant contract”) and sell the goods after being supplied with male clothing owned by the Plaintiff and paid the price of the goods to the Plaintiff. The main contents are as follows.
- Contract term: From August 1, 2015 to April 26, 2017 - Trading method - The defendant shall be fully responsible for the store relationship, and all matters related to the plaintiff shall be consulted.
(3) The defendant shall manage the goods in accordance with the terms and conditions of the contract (the defendant shall compensate for them when the goods are stolen or damaged, and the compensation standards shall be cashed at the plaintiff's sale price)
- Security creation and transaction deposit: the Defendant shall deposit KRW 13,830,000 with the Plaintiff as the transaction deposit, and it shall be deemed that no separate security exists.
B. Accordingly, the Defendant served as the manager from August 1, 2015 to April 26, 2017 in the store of the Plaintiff’s “CP. COMPNY & INEREEO” located in Sungnam-si Section B (hereinafter “instant store”).
C. Upon the termination of the instant contract with the Defendant, the Plaintiff inspected the inventory of the instant store on April 26, 2017, and discovered a considerable amount of inventory.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and Eul evidence Nos. 1 (including branch numbers; hereinafter the same shall apply) and the purport of the entire argument of the plaintiff's claim as to the purport of the whole argument of the plaintiff's claim is as follows: (a) the defendant embezzled part of the sales price of the plaintiff's goods while managing the store of this case; and (b) caused damage equivalent to KRW 115,07,000 in total to the plaintiff by causing a loss or
The Plaintiff received KRW 13,830,000 from the Defendant as a security deposit for transaction, and paid KRW 9,059,000 to the Defendant. The Plaintiff also deducted the above security deposit and fee from the amount of damages to the Defendant.