양수금
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 3,138,00 on September 2015.
1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Paragraph 1 of the judgment of the first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff acquired the outstanding amount equivalent to KRW 9,787,00 from F to May 31, 2015 due to the supply of active language to E from June 1, 2012 to May 31, 2015, and thus, the Defendant is obligated to pay the Plaintiff the acquisition amount equivalent to the above amount.
B. The Defendant’s assertion that the Defendant’s obligation owed to F was KRW 9,787,00 as of May 31, 2015, and the Defendant transferred a total of KRW 9,400,000 to the Maritime AffairsM’s account in the name of Maritime Affairs and Trade, Ltd., the Plaintiff’s claim is without merit.
Although the Defendant alleged that KRW 50 million paid on February 26, 2015 was a security deposit for a goods transaction contract, the Defendant stated that the said KRW 50 million was paid before and after the Defendant’s acceptance of the shipping substitute branch (including the debt incurred at the time of the operation of B), and that the said amount was paid to repay the goods payment obligation arising from the said branch before and after the Defendant’s acceptance of the shipping substitute branch (i.e., the debt incurred at the time of the operation of B), it is deemed to have withdrawn the argument that the said amount was a security deposit.
3. Determination
A. According to the overall purport of Gap evidence Nos. 3 and Eul evidence Nos. 2 and Eul evidence as of May 31, 2015, the Defendant’s obligations to F with respect to the Defendant’s total amount of KRW 9,787,00 until February 28, 2015, and all kinds of fish and shellfish products supplied to the Defendant from March 1, 2015 to May 6, 2015 are worth KRW 21,362,00 (= KRW 9,229,000 for March 9, 2016, KRW 3,117,000 for May 19, 2015). The Defendant paid the Defendant’s total amount of KRW 1,000 to the Defendant with the total amount of KRW 1,362,00,000 from March 1, 2015 to May 8, 2015 (i.e., KRW 106,014,0060
According to the above facts of recognition, the defendant's obligation to pay the outstanding amount to F is KRW 12,538,00 as of May 31, 2015 = 9,787,000 = 21,362.