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(영문) 서울남부지방법원 2017.10.26 2016가합108541

물품대금

Text

1. As to KRW 700,786,188 and KRW 131,082,840 among the Plaintiff, the Defendant shall start on March 26, 2016, and the remainder 569,703.

Reasons

The plaintiff is a non-profit corporation with the objective of facilitating business related to the sale, distribution, etc. of agricultural products or livestock products through the joint performance of business between members and sharing and providing technology, funds, materials, information, etc. required by members.

The defendant is a company that carries on wholesale delivery business, joint logistics business, etc.

Article 4 (Contract Orders) (1) of the Act, including the conclusion of a contract for the supply of goods and the supply of goods, etc., “A” or “B2B system offered by A” or “A” shall be supplied on the basis of the items, quantity, place of delivery, payment period, and other necessary matters of the B2B system provided by A. Article 12 (Settlement and Payment of Prices) of the Act shall be paid in cash within 25 days after the end of each month only for the portion completed for the supply according to the finished standards of “A”.

On February 1, 2016, the Plaintiff entered into a commodity supply contract with the Defendant for grain, but “the instant contract” is called “the instant contract.

The main contents of the above contract are as follows:

The transaction under the contract of this case is conducted by the defendant as the customer B et al.

If an order was received from the Plaintiff and then the order was given to the Plaintiff, it was made by the Plaintiff in a way that the Plaintiff directly supplies grain to B.

According to the Defendant’s order, the Plaintiff supplied B grain equivalent to KRW 1,224,045,00 in total from February 23, 2016 to March 14, 2016, according to the Defendant’s order.

hereinafter referred to as the "transaction of this case"

In light of the above, the Defendant’s assertion that only KRW 523,258,812 out of the above product prices were paid, and that the remainder of KRW 700,786,188 was caused by abnormal transactions not registered in the Defendant’s internal system, and that the payment has been suspended until the date of closing argument.

Detailed details of the supply of goods and payment of prices shall be as follows:

The balance of partial repayment of the transaction amount during the transaction period between February 23, 2016 and February 28, 2016, shall be 305,505,000 on May 9, 2016.