beta
(영문) 창원지방법원밀양지원 2014.09.19 2013가합460

물품대금

Text

1. The Defendant’s KRW 493,224,00 for the Plaintiff and KRW 7% per annum from December 29, 2012 to May 31, 2013.

Reasons

1. Basic facts

A. On October 8, 2012, the Plaintiff and the Defendant sold the purchase price of KRW 927,360,000 to the Defendant (i.e., the unit price of KRW 70,000 per network x 13,248 network x 13,248 network) in 2012, which the Plaintiff purchased from farmers and kept in two low temperature warehouses (hereinafter “the instant marina”). The Defendant, on the date of the contract deposit, paid the remainder of the total price by December 24, 2012, and then came up with an agricultural product sales contract (hereinafter “the instant marina sales contract”).

B. However, with respect to the above regular sales contract on September 20, 2012, in the name of Nonparty B, KRW 90,000,000, and KRW 50,000,000 in the name of Nonparty C on September 25, 2012, and KRW 60,000 in the name of Nonparty C on October 8, 2012, in the name of each Plaintiff, no more than the sales amount has been paid to each Plaintiff, and as a result, the Plaintiff and the Defendant again set up an agricultural products transaction agreement (hereinafter “the agreement of this case”) in the form of loaning KRW 835,00,00 in the name of Nonparty C on December 28, 2012, the agreement amounting to KRW 835,00,00 in the interest rate of KRW 7% per annum, delay interest rate of KRW 15,00 per annum, and period of the agreement amounting to KRW 835,000,00 in each of the instant transfer security rights to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion (1) The Defendant is obligated to repay the Plaintiff a loan based on the credit transaction agreement of this case. However, in accordance with the instant credit transfer agreement, the Plaintiff sold the instant marina to a third party from June 7, 2013 to June 29, 2013, and thereafter, paid a total of KRW 341,776,00 to the principal of the loan claim, and the Defendant appropriated the remainder of the loan to the Plaintiff to the principal of the loan claim.