(영문) 수원지방법원 2019.02.01 2018나63969

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(영문) 수원지방법원 2019.02.01 2018나63969

보증금 반환 등

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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

Facts of recognition

On January 9, 2015, the Plaintiff was a corporation established for the purpose of selling secondhand machinery and exhaust machines, and changed its trade name from “stock company C” to “B”, and on September 30, 2015, from “stock company B” to “A”, respectively.

On January 30, 2015, the Plaintiff entered into a consignment contract with the Defendant and the Plaintiff, on consignment from the Defendant, to sell the sale of the plastic flag, etc., and to pay the difference between the consumer price and the agency price as a sales commission (hereinafter “instant contract”). On the condition that the instant contract is refunded upon termination, the Plaintiff paid KRW 20 million out of the agency deposit to the Defendant.

According to the instant contract, on March 19, 2015, the Plaintiff sold in KRW 335 million to D (E) one of the typesetting machines (BL1300EK) as the Defendant’s representative, and on July 30, 2015, sold in KRW 148 million in total to F (G) two typesetting machines (BL260EK 1, BL400E 1).

The value of one agency for the launch-type period sold by the Plaintiff in E is KRW 32 billion, and the aggregate of two agencies for the launch-type period sold in G is KRW 135.3 million.

The instant contract was concluded around August 2015.

I had been registered as the Plaintiff’s intra-company director on January 16, 2015, and died on August 30, 2015.

[Grounds for recognition] According to the facts without dispute, Gap evidence Nos. 1 through 4, 6, 7 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 2, 12, and 13, and the court's determination as to the claim for the main claim for the purport of the whole pleadings, barring special circumstances, the defendant shall pay to the plaintiff KRW 20 million and the plaintiff KRW 45.7 million (the difference between the defendant's sales commission for the type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type

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