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(영문) 창원지방법원 거창지원 2018.02.20 2017가단1511

물품대금

Text

1. The Plaintiff, Defendant B, as well as Defendant B’s KRW 67,821,891 annually from December 1, 2017 to February 20, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of distributing, processing, selling, etc. agricultural and livestock products.

B. On July 1, 2016, from July 21, 2016 to July 21, 2017, the Plaintiff supplied a restaurant with an outstanding amount of KRW 75,038,821 in total. Of them, the Plaintiff received payment of KRW 6 million and paid the unpaid amount of goods as of July 22, 2017 is KRW 69,038,821.

C. On September 5, 2017, the Plaintiff filed a payment order with the Defendants seeking payment of KRW 69,038,821 of the unpaid amount of goods. However, the Defendants raised an objection against the said payment order and repaid KRW 2 million to the Plaintiff on November 30, 2017.

On July 22, 2017, the registered titleholder of the cafeteria is Defendant A, and Defendant B, as the partner of Defendant A, prepared a confirmation document stating that “The Plaintiff will pay 69,038,821 won for unpaid goods at KRW 69,038,821,000,000 from August 2017.”

E. The Plaintiff’s staff D stated in this Court that “When Defendant A supplied goods to a restaurant, Defendant A received frequently, and Defendant B also received several times. Defendant B her sled down sing down at low sled, opened an external transaction, opened a large number of external transactions, and Defendant A worked or iced in the kitchen.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, witness D's testimony, the purport of the whole pleadings

2. The following circumstances, which are acknowledged prior to the determination of the cause of the claim and the overall purport of the arguments, i.e., the Defendants: (i) the Defendants, as South Korea, are in charge of kitchen duties and ice ice, etc.; (ii) the Defendant Company A, as a business operator of the C cafeteria, is in charge of the sledding and cled at the C cafeteria; and (iii) the Defendant Company A, as a business operator of the C cafeteria, has worked for the Defendant Company B to receive the Plaintiff’s goods more frequently than that of the Defendant Company B; and (iv) the Defendant B promised the Plaintiff to pay the unpaid goods to the Plaintiff on July 22, 2017.