beta
(영문) 서울동부지방법원 2020.09.16 2019나2799

물품대금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

Judgment on the Grounds of Claim

A. The Plaintiff’s assertion 1) The Plaintiff’s summary of the Plaintiff’s assertion supplied the Defendant with fishery products up to December 9, 2016, and accordingly, the Plaintiff remains the outstanding amount of KRW 7,439,000 on the account books of transactions. As such, the Defendant’s summary of the Defendant’s assertion is seeking payment of the outstanding amount and damages for delay thereof. 2) Finally, August 13, 2015, the Defendant traded with the Plaintiff’s supply of fishery products, and thereafter, traded with C(B) or (B)D without any transaction with the Plaintiff.

The records of transactions submitted by the Plaintiff are different from the amount of attempted transactions, and cannot be believed as materials voluntarily prepared by the Plaintiff.

B. Determination 1) The fact that the Plaintiff engaged in the wholesale business of fishery products with the Defendant at least until August 13, 2015 is not a dispute between the parties. 2) According to the entries in the evidence Nos. 4 (including a paper number) and Nos. 2 and 3, the Defendant was the owner of F-wing and 3 cargo from around 2006 to June 16, 2014. The Defendant transferred the ownership of the said automobile to G on June 17, 2014. The transaction account book prepared by the Plaintiff (Evidence No. 4-2) entered “H” in the name of the Defendant as of the date of preparation. The Plaintiff stated the fishery products supplied by the Plaintiff and the Defendant’s settlement details, outstanding amounts, etc. on December 9, 2016 in the transaction account book as “I-105, 304, 30-37, 40-37, 40-37,” respectively.

3) In full view of the following facts and circumstances that can be recognized by the purport of the entire pleadings, the Plaintiff’s transactional account book (such as the content stated in evidence A No. 4-2) can be recognized as constituting 7,439,00 the amount of goods that had not been paid until December 9, 2016 and the amount of goods that had been continuously supplied to the Defendant until December 9, 2016.