beta
(영문) 대구지방법원 2016.11.25 2016가단5242

물품대금

Text

1. The Defendant: (a) KRW 55,534,00 for the Plaintiff and KRW 6% per annum from January 1, 2016 to March 9, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the food materials wholesale business under the trade name of “C,” and the Defendant is a person who operates a mutual meat processing company with “D” and a restaurant with “E”.

B. From July 2014, the Plaintiff sold various food materials to the Defendant. By November 1, 2014, the amount of the goods unpaid by the Defendant was KRW 22,780,800.

C. As of November 1, 2014, the Plaintiff and the Defendant confirmed the fact that the Defendant’s price for the goods unpaid until November 1, 2014 was 22,780,800, and entered into a transaction agreement with the following contents.

1) Contract term: A payment for the price of goods for one year from November 1, 2014 to October 31, 2015, and, if either of the parties has no objection after the expiration of the contract term, the contract term is extended under the same conditions (Article 3(2)): A payment in cash within 30 days from the date of receipt of the goods. The price of goods supplied between November 1 and 31 of each month shall be deposited into the bank account designated by the Plaintiff in three installments on three occasions each month (Article 4).

D. In accordance with the aforementioned transaction agreement, the Plaintiff sold food materials equivalent to KRW 11,144,700 in total to D A1 factory operated by the Defendant from July 2014 to April 2015. The Defendant paid KRW 4,780,700 out of the price, and ② sold food materials equivalent to KRW 170,641,100 in total to D2 factory operated by the Defendant from July 2014 to November 2015. The Defendant paid KRW 128,404,200 out of the price to D2 factory operated by the Defendant. From January 2015 to November 201, 2015, the Defendant sold food materials equivalent to KRW 26,735,50 in total to EE, and the Defendant paid KRW 198,50 in total, and KRW 198,50 in total.

[Identification Evidence] Facts without dispute, Gap evidence 1, 2, Gap evidence 3 through 5-1, 2, Gap evidence 7 through 9, Gap evidence 10-1 to 8, Gap evidence 11-1 to 7, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant shall pay the plaintiff the price for the goods of KRW 11,144,700, - 4,780,700, 170,641.