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(영문) 광주지방법원 2020.01.15 2019가단508245
위탁금 등 청구의 소
Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, as well as each of them, shall be repaid from October 8, 2019.

Reasons

Basic Facts

The Plaintiff was a person who was engaged in the business of protecting pet animals with the trade name of “G” from Gwangju Mine-gu E and F 4, and the Defendants are those who entrusted pet dogs to the Plaintiff.

On January 22, 2018, the Plaintiff entered into a protection consignment agreement with Defendant C on March 27, 2018 with respect to each large pet dog listed in paragraph (1) through (3) of the attached Table No. 2 of the attached Table No. 1 between Defendant C and Defendant C, on October 2, 2018, with respect to each large pet dog listed in paragraph (3) of the attached Table No. 3 of the same Table between Defendant C and Defendant D.

Under each of the above protection consignment agreements, the commission expenses for the pet dog are as listed below, and the feed expenses are 3,000 won per day per pet dog.

1 Park 1-2 gambling 2 gambling 4-7 gambling 5-7 gambling 8-10 and 22,000 small-sized dogs with 10% discount of 44,000 66,000 83,000 15% discount of 15% discount of 20%, 20% discount of 28,000 56,000 84,000 10% discount of 15% discount of 10% large 15% discount of 35,000 70,000 70,000 105,000 135,000 10% discount of 135,000 up to now, the Defendants did not find the above 15% discount of each pet dog up to now.

Defendant B paid the consignment cost by March 13, 2018, and additionally paid KRW 300,000 on May 5, 2018, and KRW 350,000 on May 10, 2018, and did not pay the remainder of the consignment cost. The remainder of the Defendants did not pay all the consignment cost.

As of March 31, 2019, the unpaid expenses of Defendant B are KRW 10,93,20 [=383 days from March 14, 2018 to March 31, 2019] ¡¿ (35,000 won per day) 】 (35,000 won per day) 】 80% of the discount rate - interim settlement amount of KRW 650,00]. The unpaid expenses of Defendant C are 33,74,00 won [=370 days from March 27, 2018 to March 31, 2019} 】 (35,000 won per day, 300 won, 100 won, 300 won x 380% per day x 381,000 won x 281,000 won x 381,000 won per day x 281,2084.

[Reasons for Recognition] against Defendant B: Each entry of Gap evidence Nos. 1 through 9, and the purport of the whole pleadings.

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