beta
(영문) 창원지방법원 거창지원 2018.09.11 2018가단164

물품대금

Text

1. As to KRW 64,383,531 and KRW 49,99,97 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from April 25, 2017 to January 31, 2018.

Reasons

Facts of recognition

Yro Agricultural Cooperative was merged with the Plaintiff on November 15, 2016 as an agricultural cooperative established on November 29, 1973.

(B) On December 5, 2012, the Plaintiff and the Plaintiff (hereinafter “Plaintiff”). B (hereinafter “non-party corporation”) concluded a “contract for the purchase and storage of home-based rice” with the main content that, when the non-party corporation’s shipment of home-based rice that was consigned to and stored in the Plaintiff, the non-party corporation entrusted to and stored in the Plaintiff and received the purchase amount corresponding to the amount of the imported rice. After that, the non-party corporation entered into a contract for the purchase and storage of home-based rice (6% per annum), the interest thereon (300/40%) and the fee (30%) with the Plaintiff.

In accordance with the above contract, the non-party corporation kept rice 739,490 kilograms from December 7, 2012 to January 9, 2013 in a warehouse designated by the Plaintiff. The non-party corporation received a total of KRW 1,352,908,000 from the proceeds corresponding to the amount of the storage. After receiving a request for the delivery of the non-party corporation, the Plaintiff released 301,645 km rice (total of KRW 567,847,713) in total from January 31, 2013 to December 14, 2013. The Plaintiff entered it in the account book that collected only KRW 214,79,996 from the non-party corporation.

The non-party corporation first settled and pays the amount equivalent to the ex-factory amount at each time of shipment, but since March 2013, it began to release the amount on credit without settling the amount. As of December 14, 2013, the Plaintiff’s account books were 353,046,717 (=567,847,713 - 214,79,996).

On the other hand, on October 2, 2013, C established Co., Ltd. E (hereinafter “E”) for the purpose of wholesale and retail business of agricultural products with its own children as its representative director as of October 2, 2013, and the Defendant, the wife of C, was appointed as E’s representative director on December 1, 2013.

The plaintiff did not settle the price of the non-party corporation.