물품대금
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 15,320,605 as well as to the plaintiff on October 2013.
1. The Plaintiff sold processed food, household goods, etc. with the trade name of “C”, and the Defendant operated the Smarket with the trade name of “E”.
From June 1, 2006 to October 2, 2013, the Plaintiff supplied the Defendant with food and daily necessities.
【Ground for recognition】 There is no dispute
2. Summary of the parties' arguments
A. At each time of the Plaintiff’s delivery, the Plaintiff received the signature of the acquirer on the transaction statement stating the name, quantity, and unit price from the Defendant.
The above signature does not simply confirm the name and quantity, but also confirm the unit price, and the goods supply contract between the plaintiff and the defendant was concluded according to the unit price stated in the statement of transaction.
If the Plaintiff deducts part of the amount received from the Defendant from the total amount of goods calculated on the basis of the quantity and unit price of each transaction statement, the amount shall be KRW 88,272,267. As such, the Defendant shall pay the Plaintiff at least the above KRW 88,272,267 and delay damages.
(The plaintiff did not reduce the purport of the claim). (b)
The Defendant’s signature in the Defendant’s transaction statement is merely confirming the name and quantity, and does not confirm the unit price.
After receiving a settlement of accounts from the plaintiff and preparing a statement of accounts on the basis of the transaction statement on a monthly basis, the defendant received the confirmation signature from the plaintiff on a receipt (Evidence B) stating the goods price for one month, actual payment amount, and the remaining unpaid amount after the payment of the settlement amount. Thus, the goods supply contract between the plaintiff and the defendant was concluded on the basis of the amount of the goods price for one month stated in the above receipt, and at the same time, an agreement was reached on the unpaid amount.
The recent receipt, which has been paid according to the settlement amount, is the receipt for July 2013 (No. 26 of the certificate No. 2). The receipt is written in the amount of 3,000,000 won, and it is written in the amount of 8,000 won.