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(영문) 서울동부지방법원 2020.10.14 2020나21567
물품대금
Text

The part against the defendant in the judgment of the first instance shall be revoked.

The plaintiff's claim against the above cancellation shall be dismissed.

Reasons

Basic Facts

1. 원고, 피고 쌍방 간에 31개 물품(세이블 롱코트 1점, 세이블 이중카라 1점, 세이블 3단 자켓 1점, 세이블 벨트쪼끼 1점, 세이블 스타다스트 1점, 세이블 베스트 4점, 여우털 숄 15점, 밍크자켓 7점)에 대하여 실제 금액 35,484,545원으로 합의한다.

2. The Defendant is obligated to pay to the Plaintiff the balance calculated by deducting the sum of KRW 1,801,690 from the above actual amount and KRW 10,00,00,00 from the amount borrowed to the Defendant, and KRW 8,98,00 from the refunded amount and KRW 20,79,69,00 from the refunded amount.

3. The defendant shall provide goods for the benefit of the plaintiff by selling them in the amount equal to KRW 14,684,855.

4. The plaintiff shall deposit the goods received to the defendant in cash within 10 days, and shall divide the profits after deducting the cost.

The defendant shall recover the principal and make profits from the principal immediately to the plaintiff's old account.

5. If the Plaintiff complies with the commitments above, the Defendant will cooperate to the maximum extent possible to sell them continuously.

6. If the Plaintiff pays the full amount of the borrowed money, the Plaintiff shall return the product except the sold goods.

7. be sold in excess of the actual amount agreed upon by the defendant.

8. If the plaintiff does not comply with the above contents, the defendant shall immediately dispose of the goods at the actual price without any objection.

From November 201 to July 2012, the Plaintiff supplied Sable clothes, minc clothes, and nives clothes to the Defendant. On November 6, 2012, the Plaintiff prepared a settlement statement (hereinafter “instant settlement statement”) with the Defendant as follows:

The Plaintiff filed a complaint with the Defendant on the charge of fraud by asserting that the Defendant supplied total amount of KRW 86,747,00,00, such as the Madern Articles, etc., and acquired by deception from the Plaintiff, but the prosecutor of the Seoul Dong District Prosecutors' Office decided that the Defendant was guilty of suspicion on March 30, 2018.

In addition, the plaintiff's statement of this case in the name of the plaintiff.

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