beta
(영문) 대구지방법원 2015.11.26 2015나11807

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff is a company established for the purpose of agricultural products wholesale and retail business. The Defendant is an individual entrepreneur who has engaged in agricultural products sales business in the trade name, such as “D” and “E,” etc. in the port-si B market. 2) The Plaintiff supplied agricultural products to the Defendant from around 2012 to March 4, 2013, and the Defendant paid the price in an irregular manner.

3) From January 1, 2013, the Plaintiff prepared a trading statement, sales amount, and balance of transaction partners with the electronic system, and printed out agricultural products, and received confirmation from the Defendant each time the agricultural products are supplied to the Defendant. The transaction partner director as of January 1, 2013, upon confirmation by the Defendant, stated the unpaid balance between the Plaintiff and the Defendant as KRW 7,234,400. 4) The Plaintiff supplied agricultural products worth KRW 22,273,00 to the Defendant from January 1, 2013 to March 4, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is dissatisfied with the Plaintiff at KRW 7,234,400, which was unpaid as of January 1, 2013. However, as seen earlier, insofar as the Defendant confirmed the customer director on January 1, 2013, stating the details of the unpaid amount, the Defendant is deemed to have sufficient evidence to recognize the existence of the unpaid amount.

B. From March 5, 2013, the sum of KRW 508,600, excluding KRW 21,764,400, and the remainder of KRW 508,600, which is the day following the final supply date of the said agricultural product, provided from January 1, 2013 to March 4, 2013, the Defendant received a duplicate of the correction statement of the purport of the instant claim and the cause of the claim as stated in the Commercial Act from March 18, 2014 to December 18, 2014, and from the next day to the day of full payment, the Defendant prescribed in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.