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(영문) 대전지방법원 2015.12.04 2015가단209931
물품대금
Text

1. As to the Plaintiff KRW 46,857,215, and KRW 10,905,110 among them, the Defendant shall pay to the Plaintiff KRW 24,641,250 from October 28, 2014.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff supplied food materials of KRW 46,857,215 to the Defendant during the period from September 2014 to November, 201, the Defendant is obligated to pay the price for the goods and delay damages to the Plaintiff.

B. The Defendant’s assertion that “C” operated by the Defendant A and B purchased goods from the Plaintiff and supplied them to the Defendant. The instant claim is merely a claim for the price of the goods to the Defendant, who has no direct transactional relationship.

2. Facts of recognition;

A. A, who supplied food materials to the Defendant, introduced the Plaintiff’s employees E to the Defendant’s employees, and D and E consulted on the transaction around August 2014, and the Plaintiff supplied food materials to the Defendant and supplied the food materials to the Defendant by transport.

B. On September 3, 2014, the Defendant’s employees D issued an agreement on goods transaction signed and sealed by the Defendant’s head office E to the Plaintiff’s employees E.

C. The above written contract for a transaction of goods provides that the Defendant shall close the price for the goods supplied to the Plaintiff on the last day of each month and pay it to the Plaintiff by the 27th day of the following month, and both parties may terminate the agreement by giving written notice one week prior to the agreed period.

The Plaintiff supplied food materials of KRW 10,915,110 for September 2014, KRW 24,641,250 for October, and KRW 11,310,85 for November, and tax invoices for food materials supplied to the Defendant.

E. On October 14, 2014, the Plaintiff presented to the Defendant an additional agreement stating that “The Plaintiff shall not be liable for any damage incurred by the Defendant’s intentional or negligent act on the part of C Transport Articles, a logistics agent, before arrival of the Defendant, with respect to the goods he/she received and received.” However, the Defendant did not affix the additional agreement.

F. On October 26, 2014, the Defendant deposited the price of food materials supplied by the Plaintiff to A in September 2014, and A on October 27, 2014.

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