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(영문) 서울동부지방법원 2015.06.19 2014나9610
매매대금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff supplied agricultural products, such as Mayman and gymar, to wholesale companies of agricultural products in the trade name of “C”. The unpaid agricultural products amount as of October 20, 2010 is KRW 25,335,010.

B. The Defendant stated “Creh”, “Creh 25,335,010,” and “Creh 200,000 to 500,000 passbook deposits” at the bottom of the comprehensive statement of the period of time (Evidence A 1) for the Plaintiff’s preparation.

C. On January 4, 201, April 1, 201, August 1, 2011, and February 3, 2012, the Defendant paid KRW 300,000, respectively, to the Plaintiff as KRW 200,000 on July 2, 2013, and KRW 200,000 on September 2, 2013, and KRW 23,90,000 on September 23, 2013.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion (1) while operating “C”, the Defendant agreed to pay KRW 25,35,010 to KRW 300,000 or KRW 500,000 per month while receiving agricultural products from the Plaintiff, and thereafter, the Defendant was obligated to pay the Plaintiff the remainder amount of KRW 23,435,010 (=25,35,010-1,90,000) and the delay damages therefrom.

(2) The defendant's assertion did not operate the "C" company or receive agricultural products from the plaintiff.

A spouse B, the defendant's spouse, is supplied with agricultural products from the plaintiff while operating the above company.

Therefore, the defendant is not liable to pay the above agricultural product price.

B. The written evidence evidence Nos. 1 and 2 alone is insufficient to recognize that the Defendant was supplied with agricultural products by the Plaintiff while operating the “C” company, and there is no other evidence to acknowledge it.

However, as seen earlier, the Defendant paid the C'C price in installments at the bottom of the General Account Statement (Evidence A).

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