물품대금
1. Defendant B shall pay to the Plaintiff KRW 130,051,300 and the interest rate of KRW 15% per annum from December 1, 2017 to the date of full payment.
1. Basic facts D operated E (E) (F located in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, hereinafter “E”) as an enterprise manufacturing and selling pigs, etc., and upon death on February 24, 2013, D, following the agreement on division of inherited property, G, including a claim for attempted payment, was inherited and operated solely.
According to Gap 17-1, G sells E-factory to a third party around November 2013.
Defendant C served as an employee of H, and I supplied money from E to the J (Defendant B’s representative but actually operated by K) who is an enterprise that sells freezing food, etc.
(see, e.g., A) However, in external form, the J took a structure in which it receives direct supply from E.
(A) According to 6, E directly issued a tax invoice to J. A. The J deposited the price of the goods into the account of Defendant C, etc., and Defendant C remitted the price of the goods to E via H’s account.
During this process, certain amount of money (as Defendant C is in the form of E's logistics agency while Defendant C is in the position of Defendant C, I issued a tax invoice for logistics commission to E) was deducted.
Defendant C set aside from Defendant C around July 2012, but the aforementioned method of remitting the money of goods via the account of Defendant C, etc. was maintained in J.
(However, from the time of retirement, the transfer from Defendant C directly was made without going through the H’s account, see, e.g., KRW 9-2-5-6, KRW 9-3-4, and KRW 15. The amount to be attempted by J as of January 11, 2013, respectively, is KRW 139,551,30.
On October 2014, the Plaintiff received a payment order from G as repayment order (the above payment order became final and conclusive on October 30, 2014) from the Seoyang-si District Court of Namyang-si, 2014, Jeonyang-si, 6517 (Loan) (the above payment order became final and conclusive on October 30, 2014), and has a claim for damages for delay.
G is part of the debt due to the payment order around January 26, 2016.