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수원지방법원 2017.12.14 2017나2615

물품대금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Determination on this safety defense

A. The Defendant’s main defense stated in the instant complaint that the Defendant did not pay any balance pursuant to the pledge (Evidence A No. 1; hereinafter “instant pledge”) by stating that the Defendant was “a person who has caused the insolvency due to embezzlement of outstanding money and public funds while working as an employee of the Ministry of Trade, Industry and Energy.” However, the Defendant did not have caused the insolvency due to embezzlement of outstanding money and public funds as above, and the instant lawsuit itself is unlawful in light of the fact that the name of the instant lawsuit is “goods price.”

B. The lawsuit of this case is a claim against the defendant for the remainder under the agreement of this case. It does not constitute a litigation requirement, and there is no other circumstance to deem the lawsuit of this case unlawful, where the case name granted by the court following the receipt of the case does not constitute a litigation requirement.

Therefore, the defendant's defense of the above principal safety is without merit.

2. Judgment on the merits

A. According to the reasoning of the judgment as to the cause of the claim, Gap evidence No. 1 and the purport of the entire pleadings, the plaintiff is a company engaged in meat processing, wholesale retail, and distribution business. The defendant was an employee of the defendant's business division in Gangseo area from June 1, 2006 to December 31, 2007. The plaintiff and the defendant paid KRW 59,50,000 to the plaintiff on December 13, 2008 on the condition that the plaintiff transferred the defendant's business territory and customers, on the condition that the plaintiff transferred the defendant's business territory and customers, the defendant paid KRW 25,00,000 to the plaintiff. The down payment of KRW 17,250,000 among the down payment of KRW 34,50,000,000, the remainder payment of KRW 17,250,000 to the defendant for the following period of June 30, 2009 (the bones).