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(영문) 창원지방법원 2014.10.21 2014나523

물품대금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff A KRW 26,460,00 and KRW 6,840,00 among them.

Reasons

1. Basic facts

A. From November 2010 to June 10, 201, the Defendant, along with F, operated the sublime fish plantation business jointly with F in the Hosung-gun H of Gyeongsung-gun.

B. The Defendant provided funds for the operation of the aquaculture and took charge of fund management, and F provided aquaculture technology and took charge of the management of the aquaculture.

[Ground of certification] Facts without dispute, entry of Gap evidence 2 and 3, testimony of Gap's witness of the first instance court and the appellate court, the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. As Plaintiff A’s assertion on January 17, 201, through F around January 17, 201, supplied KRW 30,000,000 for sublime fish of KRW 30,000 to Plaintiff A, the Defendant is obligated to pay KRW 30,000,000 for sublime fish and its delay damages to Plaintiff A.

B. Determination 1) Gap evidence 8-1, Nos. 2, 11-3, Eul evidence 12-2, 8, 10, 11, 19, Eul evidence 14-1, 2-2, Eul evidence 5-3, Eul evidence 5-1, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 2-1, and the testimony of the first instance court and the first instance court witness F appear to have made a transaction with the business partner with the consent of the defendant managing the funds and to have reported its details to the defendant. ② He was supplied with 10,000, 201, 107, 201, 207, 201, 107, 201, 207, 201, 10, 201, 207, 201, 207, 201, 207, 2017, 201, 2017.