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(영문) 부산지방법원동부지원 2015.11.03 2015가단201130 (1)

물품대금

Text

1. The Plaintiff:

(a) Defendant B’s KRW 14,756,00 and for this, KRW 20% per annum from February 12, 2015 to September 30, 2015.

Reasons

1. The following facts are acknowledged as either a dispute between the parties or according to Gap evidence Nos. 1, 4, 14, and 19 to 21, and the fact inquiry results of this court's fact-finding and the purport of the whole pleadings.

A. The Plaintiff is a trade person with the trade name called D, Defendant B is a trade name from March 9, 2002 to E, Defendant C is a wholesale and retail business, and Defendant C is a trade name from September 9, 2013 to F, and the Defendants are married.

나. 원고는 2013. 1.경 베트남에서 커피 세트 3000개를 수입하여 2013. 4. 30.경 피고 B에게 1,980만 원에 판매하였는데, 2013. 5. 10. 그 대금 중 500만 원을 수령하였고, 원고가 2013. 8. 29.과 2013. 9. 21. 위 피고에게 공급해 준 커피 세트 각 한 개씩을 주식회사 지앤지커머스가 운영하는 인터넷 도매사이트인 ‘도매꾹’을 통해 44,000원에 판매하여 그 대금을 직접 수령하였다.

C. While using the office as Defendant C, the Plaintiff received KRW 27.5 million from May 2013 to around several occasions (the tax invoice was issued on October 23, 2013, which was after the said Defendant registered his/her business) from around March 2013. The Plaintiff received KRW 4 million from the Defendants’ G account in his/her name on May 30, 2013; KRW 2 million on June 21, 2013; KRW 2 million on July 10, 2013; KRW 18 million on November 15, 2013; KRW 300,000 from the Defendant’s account in his/her name on November 29, 2013; and KRW 17.3 million on November 29, 2013; and KRW 200,000,000 from the Defendant’s account on deposit basis of each of the Plaintiff’s accounts in his/her name.

From June 15, 2014 to July 9, 2014, the Plaintiff sold goods to Defendant C, such as coffees and teas equivalent to KRW 11,627,00.

2. The assertion and judgment

A. According to the above facts of recognition, Defendant B: (i) KRW 14,756,00 (i.e., KRW 19.8 million - KRW 5 million - KRW 44,000) and the following day following the delivery of a copy of the complaint, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. < Amended by Act No. 1308, Feb. 12, 2015>