물품대금
1. The defendant shall pay to the plaintiff KRW 39,719,560 as well as the interest rate from the day after the day of service of the principal judgment to the day of full payment.
1. Facts recognized;
A. The Plaintiff is a corporation that engages in meat import business, meat, Busan water wholesale business, retail business, etc., and the Defendant (formerly: D) is a corporation that engages in food manufacturing and processing business, meat packaging business, etc. as its business.
B. On February 18, 2020, the Plaintiff supplied, pursuant to the supply contract with the Defendant, a box of KRW 1,010 (total weight of KRW 9,953.26 km) to the Defendant by calculating the amount of KRW 6,000 per 1 km (hereinafter “the instant supply transaction”).
In the specification of the instant transaction (Evidence No. 5) prepared by the Plaintiff, the total attempted amount is KRW 59,719,560 (i.e., KRW 9,953.26km x KRW 6,000). At the time, Nonparty E, the Defendant’s representative, signed the said specification in the capacity of the acquirer (see, e.g., the second written argument, etc.) (see, e., the second written argument). In addition, on February 18, 2020, the Plaintiff issued an electronic tax invoice (Evidence No. 4) of “the amount of KRW 59,719,560,” “the amount of KRW 59,719,560,” in relation to the instant transaction.
(d)
On May 20, 2020, the Defendant deposited KRW 20 million out of the instant transaction price to the Plaintiff’s new bank account in the name of Nonparty G.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 11 (including each number, if any, if any), Eul evidence No. 1, and the purport of the whole pleadings
2. Summary of the parties' arguments;
A. A. The summary of the Plaintiff’s assertion 1) Although the Plaintiff supplied the Defendant with Linsan High Dol, the Plaintiff did not receive KRW 39,719,560 out of the payment (i.e., KRW 59,719,560 - KRW 20,000,000). Although the Defendant promised to pay the amount to the Plaintiff over several occasions, the payment on the next day is delayed until now.
2) The fact that the Plaintiff supplied the Defendant with Libers of the U.S. Won Won, mixed with “06 butter products in excess of 0606” and “bander products in excess of 0602.”