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(영문) 서울고등법원 2015.10.23 2014나19594
위탁대금반환
Text

1.The judgment of the first instance shall be modified as follows:

The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) B, 265,890.

Reasons

1.The following facts may be found either in dispute between the parties or in full view of the statements and images of Gap evidence Nos. 2 through 11, 13, 14, 17, 18, 19, 20, Eul evidence No. 1, 2, 8, 9 (including branch numbers; hereinafter the same shall apply), witness E of the first instance trial, witness E of D, witness of the first instance trial, testimony of the witness F of the party trial and the purport of all pleadings:

[1] From 2003 to 2003, the Plaintiff is engaged in wholesale and retail business selling dogs through auction at a pet animal auction site.

The Defendants are married couple.

Defendant C was aware that the Plaintiff was engaged in wholesale and retail business.

[2] Around December 2009, the Plaintiff entered into a contract with Defendant B and Defendant B, under which the Plaintiff purchased and delivers high-priced master crafts, or pays profits by breeding and selling teaching.

(hereinafter “instant contract”). Under the instant contract, Defendant B paid to the Plaintiff KRW 284,410,000 for the purchase and raising cost from December 15, 2009 to March 27, 2011.

The Plaintiff paid KRW 18,519,500 to Defendant B from the beginning of 2010 to January 31, 2011.

[3] Prior to the Plaintiff’s purchase of a dog, the Plaintiff purchased the Defendant B’s dog by telephone to the Defendant B, or by claiming the purchase price to the Defendant B after purchasing the dog in advance.

As to the dog purchased by the Plaintiff, Defendant B prepared a simple book (No. 8) and a receipt (No. 3) by inserting the transaction details by telephone communications.

The Defendants do not have sold high-priced famous items prior to the conclusion of the instant contract.

[4] Under the instant contract, the Plaintiff purchased 52 marin and delivered 33 marine to Defendant B, and entrusted F with raising the remainder of 19 marine.

Defendant B directly raised a delivered dog or entrusted the breeding to E who run a dog farm for 20 years.

E From March 201 to September 6, 2012, from the defendant for a period of 18 months.

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