물품대금
1. The Defendant is jointly and severally with Nonparty C to the Plaintiff KRW 59,901,00 and the Defendant’s response thereto from June 21, 2016 to March 21, 2019.
1. The Plaintiff consulted on the delivery of a compromise with the Defendant’s Defendant’s subsidiaries, and supplied 75,40 km from September 15, 2015 to November 1, 2015 to KRW 115,981,00 for a short-term reduction of KRW 75,40 g.
(B) On December 31, 2015, C paid KRW 30 million out of the instant transaction amount to the Plaintiff.
C On February 22, 2016, on the part of the instant transaction amount, C prepared and issued to the Plaintiff a written settlement of the amount of short supply to the effect that the remaining KRW 84,901,000,000, which remains after deducting KRW 30,000,000 which was already paid from the instant transaction amount and labor cost of KRW 1,88,00,000, by June 20
On June 29, 2016, from the Defendant’s account to the Plaintiff’s account, KRW 20 million out of the instant transaction amount was transferred from the Defendant’s account to the Plaintiff’s account.
The Plaintiff filed a lawsuit against C with the Plaintiff seeking payment of the instant transaction amount, and the judgment of C, which ordered C to pay the Plaintiff the instant transaction amount of KRW 64,901,00 (=84,901,000 - KRW 20 million) and damages for delay, became final and conclusive.
(Seoul District Court Msan Branch Decision 2017Da1083 decided May 17, 2017). The Plaintiff’s defect in seeking compulsory execution based on the above judgment, and C paid KRW 5 million out of the instant transaction price to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff asserts that the defendant purchased agricultural products jointly with C and engaged in the business of returning them to the producing company of agricultural products, and claims for the defendant to pay the balance of 59,901,000 won for the transaction of this case (=64,901,00 won - 5 million won) and damages for delay.
B. Determination 1) The following facts are acknowledged in light of Gap evidence Nos. 1, 4 through 9, Eul evidence Nos. 1 through 4 (including paper numbers, witness D's testimony, witness C's partial testimony, and the court's fact-finding results on E-associations in light of the overall purport of the arguments.
The witness C's remaining testimony seems to be contrary to this.