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(영문) 대전지방법원천안지원 2017.07.19 2015가단17438

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 66,124,060 and the interest rate of KRW 15% per annum from November 1, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a juristic person that operates feed sales business, etc., and the defendant is engaged in the livestock industry such as the operation of the fish farm in the trade name D with her husband C.

E, around February 19, 190, entered the Plaintiff Company and was in charge of concluding a contract for the supply of feed to the business partners including the Defendant, managing the business partners, and receiving the cost of feed by November 30, 2014 as the head of the Plaintiff’s business division. F is a superior to E as a business sales manager, and G is the head of the Plaintiff’s business management division.

B. From August 2008, the Plaintiff supplied the Defendant with chickens, etc.

The plaintiff's delivery engineer, after delivering feed to the defendant, received the defendant's signature on the acceptance certificate stating the details of supply and submitted it to the plaintiff.

After comparing and confirming the details of the Defendant’s request for delivery and the receipt certificate submitted by the delivery engineer, the Plaintiff entered the name of the product, quantity, unit price, supply value, etc. in the customer ledger (see evidence 7).

The Plaintiff, on a monthly basis, issued a tax invoice to the Defendant, and sent to the Defendant a written confirmation of the balance stating the purport that if no reply is made within a given period of time, the remaining balance shall be deemed to be recognized, along with the sale, supply, and attempted balance (see evidence B(3))

In the event that the Defendant did not raise an objection to the above balance certificate, the Plaintiff deemed that the Defendant recognized the attempted balance stated in the balance certificate, and discarded the certificate of acceptance. In the event that the Defendant raises an objection, E, who is an employee in charge, participated in the office of transaction, etc. and confirmed the Defendant’s attempted balance.

C. Meanwhile, the Defendant paid goods to the Plaintiff by means of cash, household checks, or account transfer, etc., and E dealt with cash received from the Defendant by depositing it into the Plaintiff’s account in the name of the Defendant.

However, E deposits only part of the cash received from the defendant to the plaintiff.