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(영문) 서울고등법원 2016.01.22 2015나2035391
물품대금
Text

1. The plaintiff's appeal, the claims extended in the trial, and the selective claims added in the trial are all dismissed.

2...

Reasons

1. Basic facts

A. The plaintiff is a person who runs the retail business of textile and clothing subsidiary materials with the trade name of C or D, and the defendant is a person who runs the textile manufacturing business with the trade name of E.

B. From June 2010, the Plaintiff and the Defendant purchased the original house and transferred it to the Defendant, the Defendant, using the original house, has been engaged in transactions by keeping the original body in the Defendant’s warehouse, or transferring it to the salt erode that the Plaintiff traded at the Plaintiff’s request.

C. On June 13, 2014, the Plaintiff visited the Defendant’s factory and decided to terminate the transaction relationship with the Defendant. The Plaintiff decided to pay KRW 23,00,000 to the original company, which became unusable or disposed of due to corruption, etc. while being kept by the Defendant, by paying KRW 23,00,000 to the original company that was kept in the Defendant’s warehouse. As to the remainder of the original company or the original company, the Plaintiff agreed to settle all the original company or the original company kept in the Defendant’s warehouse.

[Ground of recognition] A without dispute, Gap evidence Nos. 39 through 42, Eul evidence No. 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion from February 2, 201 to April 2013, 201, purchased 93,021.46 km and transferred it to the Defendant. The Defendant, among them, purchased 72,332.9 km from the original body to the original body, left the original body by using the original body, and transferred 48,514.5 km among the original body to the chrops designated by the Plaintiff.

On the other hand, on June 13, 2014, the Plaintiff decided to settle the accounts in cash with respect to 9,072km upon termination of the transaction relationship with the Defendant.

Therefore, at the time of termination of the transaction relationship with the Plaintiff, the Defendant must hold 9,379.46km (i.e., 93,021.46km - 72,332.9km - 9,072km - 2,237.1km as to the Plaintiff’s loss) and 23,818.4km (i.e., 72,32.32.9km - 48,514.5km).

However, on June 24, 2014, only 10,320.1km remains in the defendant's warehouse, and the plaintiff is above.

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