물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company that runs food processing and wholesale and retail business, and the Defendant is a company that runs freezing and food wholesale and retail business.
B. The Plaintiff supplied the Defendant with food materials equivalent to KRW 176,027,00 from January 201 to April 2014, and around that time, received KRW 63,740,240 out of the food materials payment from the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, purport of the whole pleadings
2. Comprehensively taking account of the above facts acknowledged as to the cause of the claim, the defendant is obligated to pay the remaining food materials cost of 112,286,760 won (176,027,000 won - 63,740,240 won) to the plaintiff unless there are special circumstances.
3. Judgment on the defendant's defense
A. The defendant's defense was paid 79,970,00 won to the plaintiff. The defendant's claim for food material costs of KRW 91,07,812 against the plaintiff's claim for the loan to the plaintiff. Thus, the plaintiff's claim for food material costs was all extinguished.
B. 1) B received delegation from the Plaintiff’s de facto operator as the representative director, and actually operated the Plaintiff until September 2014, 2014. 2) B requested the Defendant to transfer part of the cost of food materials to the Plaintiff’s account as the obligee’s employee’s employee as a result of concerns over compulsory execution, etc. as the Plaintiff’s financial condition has deteriorated. Accordingly, the Defendant further repaid the cost of food materials KRW 79,970,00 from February 25, 2014 to July 30, 2014. The Defendant used it as the Plaintiff’s operating fund, etc.
3. On the other hand, around 2013, B received raw materials from the Defendant, 'the Defendant', 'B', 'W', 'W', 'W', and 'W', from 'W', and supply them to the Plaintiff at the expense of the Defendant, the Plaintiff produced the said raw materials, and then supplied the goods equivalent to the raw materials price to the Defendant.