물품대금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. A. A party’s status D Agricultural Partnership (hereinafter “D”) is a corporation with the purpose of cultivating and distributing long-sea ginseng. The Plaintiff entered into a contract with D for the third party, and the Defendants are auditors.
B. (1) On September 5, 2013, the Plaintiff entered into the instant sales contract with D and the Plaintiff, with the terms and conditions that “an amount of approximately KRW 30,000,000,000 for the purchase price of KRW 120,000 in D” owned by D and the Plaintiff (hereinafter “instant sales contract”).
(2) According to the above sales contract, a down payment of KRW 1 million was concluded until August 28, 2013, and KRW 20 million in the first intermediate payment of KRW 20 million until September 30, 2013, and KRW 60 million in the second intermediate payment of KRW 30 million until November 30, 2013, and the remainder of KRW 39 million until May 30, 2014.
C. The Plaintiff, as the purchase price stipulated in the instant sales contract, received only KRW 4,275,00,000 as the total amount of KRW 20,000 on October 11, 2013, KRW 2750,000 on December 4, 2013, and KRW 4,2750,000 on December 11, 2013, and did not receive the remainder of KRW 7,7250.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 5, witness F's testimony, the purport of the whole pleadings
2. According to Article 16(1) of the former Act on Fostering and Supporting Agricultural and Fisheries Business Entities (amended by Act No. 12961, Jan. 6, 2015; hereinafter “former Agricultural and Fisheries Business Entities Act”), at least five members may establish an agricultural partnership. According to the corporate register of D, five directors and auditors are members, and the Defendants of the auditor are members of D.
According to Article 16(7) of the former Agricultural and Fisheries Business Entities Act and Article 712 of the Civil Act, D’s obligations are the Defendants’ obligations, a partner, and the Defendants are obligated to pay to the Plaintiff 1,54,000 won and damages for delay equivalent to 1,545,00 won out of the outstanding purchase price under the instant sales contract.
3. The Plaintiff and the instant case are established with judgment D.