물품대금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
1. The following facts are either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and 4-1 to 3, and Eul evidence No. 1.
The Plaintiff is a company that runs livestock industry wholesale and retail business, and the Defendant is an individual entrepreneur who runs meat packaging business under the trade name of “G”.
B. From Jun. 13, 2016 to Oct. 25, 2016, the Plaintiff supplied F, who operated the “E”, with the kinds of meat, such as Chinese rain, milch cows, and emergency. On Oct. 25, 2016, the amount of the unpaid goods to the Plaintiff was KRW 12,529,350.
C. From October 27, 2016 to April 18, 2017, the Defendant traded between the Plaintiff and the Plaintiff to be supplied with milch meat, fry, etc. from the Plaintiff.
2. The parties' assertion
A. The Plaintiff’s assertion 1) On October 2016, the Defendant agreed that the Plaintiff would take over and operate E, and that the outstanding amount of E (F) would also be paid to the Plaintiff. Since October 27, 2016 to April 18, 2017, the Plaintiff continued to engage in transactions while supplying milch, etc. to the Defendant. The Plaintiff was not paid KRW 11,979,020 of the outstanding amount of E (12,529,350) that the Defendant acquired from the Defendant, and thus, the Defendant was obligated to pay the Plaintiff the above outstanding amount of E (11,979,020, and delay damages for the aforementioned amount of E (2) around September 30, 2016, the Defendant did not request the Plaintiff to take over and pay 70% of the average amount of milch (20% of the total amount of milch) from around 20,016 to around 30,2016.
Accordingly, the Plaintiff filed the instant lawsuit seeking the purchase price of the instant cream, and the Defendant did not ordered the instant cream.