beta
Text
1. The Plaintiff:
A. The Defendant’s KRW 148,367,280 as well as its annual 5% from November 1, 2017 to January 17, 2019.
Reasons
1. Basic facts
A. The Plaintiff is a company that runs wholesale and retail business, such as communications equipment, etc., and the Defendant (Appointeds) and the Defendant are siblings, and the Selections D is the name of the business operator who sells the mutual communications equipment in the name of “E” as the spouse of the Defendant (Appointeds) and the name of the Selections F is the name of the business operator who sells the mutual communications equipment in the name of “G” with the mother of the Defendant (Appointeds) and the Defendant
B. Around August 29, 2016, a consignment contract was prepared with the purport that if goods, such as mobile devices, entrusted by the Plaintiff, are sold to the Plaintiff under the name of the Appointor D, the sales contract was entered into to pay the Plaintiff the settlement amount accordingly. A consignment contract was entered into in the name of the Appointor F (hereinafter collectively referred to as the “instant consignment contract”). Around July 10, 2017, the consignment contract was entered into in the name of the
C. However, the designated parties were merely business operators under the name of “E” and “G,” and in substance, the Defendant and the Defendant jointly operated the said business.
On November 1, 2017, the Defendant (Appointed Party) and the Defendant, “E” and “G” are the same company, and they did not receive cash (104,492,400 won) from the customers after being entrusted with the sale of mobile phone terminals by the Plaintiff, and did not pay the Plaintiff cash (104,492,400 won). Moreover, the Defendant did not hold inventory (146, 142,73,800 won) supplied by the Plaintiff and did not request return from the Plaintiff, and issued a written confirmation (hereinafter “instant confirmation”).
E. On November 2017, the Plaintiff filed a complaint against the Defendant (Appointed Party) and the Defendant and the designated parties as co-offenders in the crime of occupational embezzlement, etc. However, among them, the Defendant is obliged to pay to the Plaintiff when the Defendant operates the said “E” store and the “G” store from September 2017 to October 27 of the same year.