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(영문) 대구지방법원 2016.02.18 2014가합201883
약정금
Text

1. As to the Plaintiff’s KRW 381,630,080 and KRW 205,375,00 among them, the Defendant shall pay to the Plaintiff KRW 176,255,00 from May 15, 2014.

Reasons

1. Basic facts

A. The Plaintiff engaged in consignment sales business, such as May, etc., and the Defendant, who extended and sold May, etc., under the trade name of “C”, was in charge of purchasing May, etc. around 2009, and the Defendant agreed to sell May, etc. after being kept in the Defendant’s warehouse.

B. It is common to purchase and sell Mayman from June to May of the following year, except in the case of purchasing dry field as dry field sour.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination on the portion of the settlement amount in 2009

A. In the absence of dispute, the Plaintiff purchased 405,540kms in 2009; the Plaintiff and the Defendant determined 100,400kms as the Plaintiff’s shares; and the purchase price is calculated as KRW 15,500 per kilogramg. Accordingly, the purchase price corresponding to the Plaintiff’s shares is KRW 150,60 million (=100,400 x 15,000 x 15,000 won); the fact that the storage cost of the Plaintiff’s shares increase is KRW 15,506,00 among the parties is not a dispute.

B. The Plaintiff’s assertion 1) The Defendant sold 100,400 g of the Plaintiff’s shares.

The Defendant’s total sales volume of the 2009 sales volume are not disclosed. The time and volume of sales should be calculated as the Defendant’s assertion (as April 18, 2010, May 82, 2010, May 18, 2010, May 82, 2000) and the sales volume should be calculated as the wholesale price (2,725 won per 1 km, May 3, 2010, and May 3, 2010) at the time.

B) Of the 150,600,000 won for the purchase price of the Plaintiff shares, 60,000 won was settled with the Defendant, and 5,00,000 won out of the warehouse expenses of 15,060,000 won was paid to the Plaintiff in 2009. (C) The Defendant is obligated to pay to the Plaintiff the amount of KRW 162,992,30 [(18,100km x 2,725 won) - (82,30 x 3,26 won x 150,060 won - 60,000 won) - (150,060 won - 5,000 won)].

2) The Defendant’s assertion A) The original Defendant’s respective shares are on his own determination.

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