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(영문) 의정부지방법원고양지원 2015.08.19 2014가합50609
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C shall be KRW 173,063,00 and twenty percent (20%) per annum from March 19, 2014 to the date of full payment.

Reasons

1. The plaintiff's assertion

A. The Plaintiff entrusted the sale of precious metals to the Defendants, and the Defendants sold the consigned precious metals to the consumers, and thereafter paid the fixed supply price to the Plaintiff. The Defendants are jointly and severally liable for payment of KRW 151,953,00,00 to the Plaintiff, on the ground that the Plaintiff, from February 25, 2009 to May 21, 200, had the precious metal amounting to KRW 151,953,00, which was entrusted to the Defendants sales to the Defendants, had been deducted by Defendant C’s wife D, and did not pay the said precious metals or return the said precious metals.

B. In addition, the Defendants are jointly and severally liable to pay the Plaintiff KRW 21,110,00 as damages for nonperformance, since they did not pay the price for precious metals equivalent to KRW 21,110,00 from among the precious metals that the Plaintiff entrusted for sale to November 12, 201.

2. Determination

A. From February 25, 2009 to May 21, 2009, the Plaintiff and the Defendants neglected the overall purport of the pleadings as to the assertion on the cause of claim Nos. 1 and 2 as to the precious metal sales entrusted for sale 1) from February 25, 2009 to May 21, 2009. In light of the overall purport of pleadings as to the allegations on the cause of claim Nos. 1 and 2, the Plaintiff and the Defendants entrusted the sale of precious metal to the Defendants, to pay the supply price determined in advance

The Defendants concluded the instant consignment contract. The Defendants asserted that Defendant C’s wife D et al. took the precious metal amounting to KRW 151,953,000, which was entrusted for sale from February 25, 2009 to May 21, 2009 pursuant to the instant consignment contract, and that Defendant C et al. did not pay the said precious metal price or return the said precious metal. Thus, barring any special circumstance, the Defendants jointly and severally compensate the Plaintiff for damages due to the violation of the instant consignment sales contract.

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