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(영문) 청주지방법원제천지원 2015.06.19 2014가합201

물품대금

Text

1. The Defendant’s KRW 200,886,200 as well as 6% per annum from July 26, 2013 to February 27, 2014 to the Plaintiff.

Reasons

1. Facts without dispute;

A. A. Around 1999, the Plaintiff engaged in wholesale and retail trade entered into a goods supply contract with C to continue to supply the Plaintiff’s eggs, and accordingly, supplied goods as requested by C.

B. On May 1, 2010, when C was in a situation where it was difficult for C to operate the existing business entity any longer due to his/her default on early 2010, the Defendant, who is the husband of C, opened the “D” operating the same kind of business, and the Plaintiff decided to continue the said goods supply transaction with the Defendant as in the previous case.

C. Accordingly, the Plaintiff supplied goods to the Defendant from May 1, 2010 to July 25, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the amount of the price of the goods for which the Plaintiff’s final claim is not paid is KRW 200,886,200 based on the monthly account statement prepared by the Plaintiff (Evidence A6-1 to 14), and the Defendant asserts that the amount is KRW 8,234,00 based on the Defendant’s purchase ledger (Evidence A6).

B. As examined below, each entry of the statement of transaction (A evidence 7-1 to 106) made between the original and the Defendant (A evidence 7-1 to 106) is reliable, and accordingly, each entry of the monthly statement of the Plaintiff’s preparation (A evidence 6-1 to 14) is sufficiently reliable.

1) Each statement of transaction specifications (Evidence 7-1 to 106 of the evidence No. 7-1) shall be admissible as follows. In light of the purport of the entire pleadings in the above written statement, the Plaintiff may recognize the fact that the Plaintiff supplied the goods to the Defendant over a total of 106 times from May 1, 2012 to July 25, 2013, taking into account the overall purport of the pleadings in the written statement of the above written statement, which is a disposal document. This is accurately consistent with each written statement of monthly (Evidence 6-1 to 14 of the evidence No. 6-1 of the evidence No. 6-1 of the Defendant’s Preparation, the number of goods supplied during the above period is 90.

(1) A list of transactions dated June 22, 2012 (Evidence A7-24) ( appraiser E.