logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.02.12 2019가합43852
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is supplied with children’s clothing for children from the Defendant (hereinafter “C”) and sold at department stores, large shopping mallss, general shopping mallss, etc., and the Defendant is a corporation that operates the clothing manufacturing business, clothing wholesale retail business, etc.

B. From 2007 to 2017, the Plaintiff was supplied with the instant clothing from the Defendant to the department stores located in Busan, Kimhae, Musan, etc., and sold them in large shopping malls, general shopping mall, etc. However, in the case of large shopping mall with the department stores, the Plaintiff concluded a sales contract with the Defendant under the name of the Defendant on the basis that it did not conclude the sales contract with the individual business operator, and operated it in the form of entrusted management.

C. According to the sales form of the above department stores and large shopping malls, in the event that the Plaintiff sells the instant clothing, the sales proceeds after deducting fees from the department stores and large shopping malls shall be paid to the Defendant, who is the owner of the sales.

According to the Defendant’s daily transaction statement (Evidence 5) against the Plaintiff, as of March 1, 2010, the Plaintiff’s obligation to pay the outstanding amount for the Plaintiff’s goods is KRW 907,840,505, and the Plaintiff’s obligation to pay the outstanding amount for the goods as of December 24, 2018 is KRW 683,885,684.

[Ground of recognition] Facts without dispute, entry Eul's evidence Nos. 1 through 7, purport of the whole pleadings

2. The Plaintiff’s assertion that the instant clothing was consigned to the department store and the large shopping mall. In this case, the department store and the large shopping mall shall pay the sales proceeds after deducting the fee to the Defendant, who is the nominal owner of the sales, the Defendant shall pay the remainder to the Plaintiff after deducting the cost of goods and various expenses from the sales proceeds. On the other hand, the remainder of the clothing remaining after the sale is recovered by the Defendant, and thus, the Plaintiff

On the other hand, in the case of sale of planned goods, it is not a consignment sale but a consignment sale, and thus the plaintiff is obligated to pay directly the price for the goods of this case supplied by the defendant.

arrow