beta
(영문) 광주지방법원 2014.06.17 2013가단61522

매매대금

Text

1. The Defendant’s KRW 69,312,300 as well as its annual 6% from January 18, 2013 to October 31, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a stock company with the purpose of manufacturing and supplying the fruit boxes, etc., and the Defendant is a farming cooperative corporation with the purpose of agricultural product processing and wholesale and retail business.

B. The Plaintiff manufactured and supplied daily boxes, etc. to the Defendant from December 2, 2010 to January 17, 2013, and the remainder of the goods price as of January 17, 2013 is KRW 69,312,00.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the balance of the above goods price of KRW 69,312,00 and damages for delay.

3. Judgment on the defendant's assertion

A. As to the Defendant’s assertion, the Defendant decided to deliver 50,000,000 booms to the post office shopping mall around the year 2012, and received 50,850,000 won from the Plaintiff. After that, the Defendant requested repair of defects in the internal container of the above package box, the Plaintiff was refused to suspend the sale of the above set and then discarded all of the above package boxes with the Plaintiff’s consent on May 2012. Thus, the Defendant cannot comply with the Plaintiff’s claim for the payment of the above 50,850,000 won.

B. According to the statements in Eul evidence Nos. 1 and 2 (including paper numbers) and the testimony in Gap and Eul, the defendant, around 2012, supplied 50,850,000 won for packaging boxes (6,000 won) from the plaintiff during 12 times between December 28, 201 and January 31, 2012. After that, the defendant sold them through a post office shopping on packaging boxes supplied by the plaintiff and then suspended the sale of them.