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(영문) 서울중앙지방법원 2019.11.29 2018가단5259957

물품대금

Text

1. The Defendant (Appointed Party) is the Plaintiff’s KRW 86,705,40 and 6% per annum from May 1, 2017 to December 18, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs a wholesale and retail business of fishery products under the trade name of “D.”

The Defendant (Appointed Party, hereinafter “Defendant”) B and Selected Party C (hereinafter “Defendant C”) are married with each other (hereinafter “Defendant”).

B. From around 2003, the Plaintiff supplied Defendant B with fishery products, such as food, etc.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 6 (if there are various numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s summary of the Plaintiff’s claim continues to sell goods to the Defendants from around 2003 to April 2017, and the outstanding amount reached KRW 86,705,400 on April 2017.

Therefore, the Defendants should jointly and severally pay the amount stated in the claims to the Plaintiff.

3. Determination

A. The facts or circumstances revealed in the above recognition of the claim portion against Defendant B and the following facts or circumstances revealed in each of the above evidence, namely, that the Plaintiff prepared account books while supplying Defendant B with fishery products; although there are no confirmation or signature by Defendant B, there are no transaction dates, details of the supplied fishery products, the supply amount, the balance of the total amount, etc., but are recorded in the order of transaction days, and the total amount of the accounts increases or decreases.

Finally, the transaction on April 7, 2017 is KRW 86,705,40. Defendant B is unable to memory until the remainder of the outstanding amount is KRW 60 million in this court until it becomes more than 60,000. However, Defendant B, at the time of the call of the Plaintiff, has answer to the pointed out that the outstanding amount is KRW 86,00,000,000. In fact, Defendant B, while making a telephone call with the Plaintiff on April 7, 2018, has actually brought about KRW 80,000,000,000 with the money of South Korea; and Defendant B, at the Plaintiff’s paragraph of this court, has been aware of the fact, and, furthermore, Defendant B, who escaped, is aware of the fact.