물품대금
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. Party 1) The Plaintiff is a person who runs wholesale and retail business of agricultural and livestock products. The Defendant is a corporation established for slaughter business, etc. and supplies goods such as livestock products. 2) A Co., Ltd. (hereinafter “D”) is a corporation that is supplied with goods such as money, etc. from the Defendant and sells them.
B. A demand for the payment of goods and provision of security 1) D was supplied with freezing money from the Defendant, but the sales credit was not collected properly, and as of April 2016, D was not paid KRW 56,680,350 as a result of D’s employment on September 22, 2016. Around May 2016, the head of the headquarters requested the head of the G team, who is an employee of the Defendant, to request for additional dispatch of goods to the head of the G team, who is an employee of the Defendant. However, G, even if some of the aforementioned payments were paid to F or the collateral was provided to F, would have the additional payment of goods.
C. Around May 2016, F and G provide security agreement and security 1) F enter into a verbal agreement stating that “If D provides D with the Defendant with a 15 tons of domestic freezing situation as security, the Defendant shall immediately release D the amount of 6-7 tons (34,000,000 won to 37,000,000 won at the market price) of the instant money, etc., and D sells the said money, etc. and sells it and until the end of July 2016, to the Defendant for repayment of KRW 56,680,350, the Defendant shall return the security (hereinafter “instant agreement”).
(2) At the time of the instant agreement, G agreed to set the unit price per kg of the instant unclaimed situation at KRW 4,00,000, but F did not raise any particular objection, and F decided to preferentially repay 20,000,000 out of the sales price of the said unclaimed money, etc. to the Defendant until the end of May 2016.
3) D around May 2016, the Plaintiff and the agricultural company E (hereinafter “E”)
(4) On May 27, 2016, the Plaintiff requested the Defendant to offer a security.