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1. The Defendant’s KRW 119,186,59 for the Plaintiff and KRW 5% per annum from June 8, 2018 to June 13, 2019 for the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation with the purpose of clothing and textile miscellaneous wholesale and manufacturing business, and the Defendant supplied goods from miscellaneous retailers in the trade name of “C” and supplied and sold them to D same large retailer, etc.
B. On October 1, 2016, the Plaintiff supplied the Defendant with the Plaintiff’s products, and the Defendant supplied the Defendant with the product price entrusted by the Plaintiff. The amount calculated by adding 1/2 of the profits calculated by deducting the Plaintiff’s product cost from the amount deposited in the account after deducting the sales commission from the cost of the product sold by the Plaintiff (so-called “value of the product”).
(1) A contract for the supply of products of this case (hereinafter referred to as “instant contract for the supply of products”) stating that the Plaintiff shall make a settlement in cash on the last day of the following month.
(c) The Plaintiff entered into a contract for the supply of the instant product. The total quantity supplied by the Plaintiff to the Defendant from November 30, 2016 to April 26, 2017 under the contract for the supply of the instant product is 47,862 (total number of 51,562 to 562 to 3,700 items excluding 3,70 items attached to the other hats.
among them, 21,020 products are returned by the Defendant; 14,310 products are sold; 10,141 products are the number calculated by deducting 2,391 products, the rate of deduction of lost goods agreed in 12,532.
D. The amount of damages equivalent to the unit price of supply corresponding to 10,141 goods that the Defendant sold upon entrustment from the Plaintiff is KRW 90,757,89, and the amount of damages equivalent to the unit price of supply corresponding to 10,141 goods that the Defendant is liable to compensate the Plaintiff shall be KRW 28,428,70. [The fact that there is no ground for recognition, the evidence No. 1-6, the evidence No. 1-2-1 through 3, the evidence No. 2-1-3, the evidence No. 3-1, No. 3-2, the evidence No. 1-2, and No. 1-4, and the purport of the entire pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant’s total amount of KRW 119,186,59 (i.e., the amount of KRW 90,757,89) to the Plaintiff, barring any special circumstance, and the amount of damages KRW 28,428,70.