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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and the claims extended by this court are dismissed.
2...
Reasons
1. Determination on the main claim
A. The Plaintiff asserted that the Plaintiff was a person who runs the Korean-style cattle breeding business. From August 31, 2015 to March 20, 2017, the Plaintiff entrusted the Defendant with the sale of 60 Korean-style cattle to the Defendant, and the said Chinese-style cattle was sold all.
However, the defendant does not pay 274,148,382 won to the plaintiff until now.
The Defendant asserted that the Defendant engaged in the same business as the Plaintiff by paying feed costs to the Plaintiff and directly paying the purchase price to the seller, but the Defendant, most of the remittance details, which the Defendant paid from the Plaintiff, remitted the purchase price to the seller instead of the Plaintiff, or sells the Plaintiff, and then remitted the sale price to the Plaintiff, or repaid the borrowed money to the Plaintiff.
Defendant spent KRW 154,00,000 from the Plaintiff’s purchase of Chinese friendship until June 28, 2015. However, from around December 2014 to July 1, 2015, the Defendant’s sales and unpaid amount of KRW 167,156,00 from around July 1, 2015 reaches KRW 167,156,00 and appropriated in full. Accordingly, Defendant’s funds for purchase and sales of Chinese friendship are not disbursed.
Around June 28, 2015, the Plaintiff sold 75 U.S. 75 copies to D, purchased Chinese medicine again as the sale proceeds, and sold 60 U.S. 60 copies on consignment to the Defendant from August 31, 2015 to March 20, 2017. As such, the Defendant is obliged to pay the sale proceeds amount of KRW 274,148,382 and damages for delay.
B. On July 30, 2018, the Plaintiff asserted that, on the grounds that the Plaintiff and the Defendant were the sales consignment agreement relationship, only the Plaintiff purchased the Plaintiff’s funds before the Plaintiff sold to D, and that, on June 28, 2015, only the Plaintiff owned the Plaintiff, the Plaintiff and the Defendant respectively.