beta
(영문) 수원지방법원 2016.09.07 2015가단49688

물품대금

Text

1. The Defendant shall pay KRW 57,256,70 to the Plaintiff the annual rate of KRW 15% from December 11, 2015 to the date of full payment.

Reasons

1. The purport of the whole pleadings, witnesses C, D, and all pleadings, 【Evidence of Evidence】 1-1 through 117, A2, A3-1 through 4, A

A. The Plaintiff is a merchant who runs a wholesale and retail business in the name of “E”, and the Defendant is a merchant who runs a supermarket in the trade name of “Fmat.”

B. The Plaintiff supplied the Defendant with tasks from August 8, 2014 to November 11, 2015, such as the specification of transactions in the attached list.

2. The allegations by the parties and the judgment of this court

A. The Plaintiff’s assertion (1) price for the Plaintiff’s goods is KRW 57,256,700.

(2) The statement of the Plaintiff’s transaction in reply to the Plaintiff is without the signature and seal of the claimant, and C prepared a written confirmation of the failed balance without authority, and the Plaintiff sent the unpaid amount to KRW 41,296,700 on March 2015, deeming that the Plaintiff sent the unpaid amount to KRW 41,296,700 cannot be recognized.

B. In full view of the purport of each of the statements and witness C and D as stated in the attached Table 1-1 through 117, A2, A3-1 through 4, A4, A5, and B-6 and each of the testimonys at C and D conducted by the court below, the Plaintiff supplied the Fmaart operated by the Defendant with fruit for the period from August 8, 2014 to November 11, 2015, the Plaintiff supplied goods to the Defendant’s employees and the Defendant with fruit for the period from November 11, 2015, and received goods payment from the Defendant for the period from November 11, 2015, the Plaintiff demanded the Defendant to prepare a written confirmation of the remaining amount from March 10, 2015 to KRW 30,000,000,000,0000,000 won for the Plaintiff’s remaining amount for the period from March 10, 2015 to KRW 60,000,00.

3.2