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(영문) 부산지방법원 2018.06.28 2017가단11380
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of restaurant business, wholesale and retail business of agricultural, fishery, and livestock products.

B. Among the 4th floor buildings in Busanjin-gu, Busan (hereinafter referred to as the “instant building”), there is a mutual restaurant “D” (hereinafter referred to as the “instant restaurant”).

[Reasons for Recognition] Unsatisfy, entry of Eul evidence 1-1, the purport of the whole pleadings

2. The Plaintiff asserted that: (a) from June 30, 2016 to January 10, 2017, the Plaintiff supplied the Defendant operating the instant restaurant a total of KRW 62,416,710 of food materials; and (b) the Defendant paid KRW 28,80,000 out of the total amount of food materials.

The defendant is obligated to pay the balance of the price of goods 3,616,710 won (=62,416,710 won - 28,800 won) and delay damages.

3. Determination

A. The following facts can be acknowledged in light of the following facts in light of Gap evidence 1-1, 2, Eul evidence 4-1, 2-2, Eul evidence 2, Eul evidence 4-6, Eul evidence 4-6, and the whole purport of the arguments in witness E's testimony:

1) E is “F” corporation on September 11, 2012 (hereinafter “F”).

F. From October 31, 2013, a franchisor operating a franchise business with the trade name of “G,” and supplied food materials to “G” stores on the fourth floor of the instant building. On the other hand, “D” was registered on the first floor of the instant building, and directly operated the instant restaurant. “H is the internal director of the Plaintiff’s representative, and “I” is the Defendant’s husband.

H and I have been aware of it for a long time as E and a high-speed, and H invested in E as an introduction by I, and I also invested in E.

3 E entered into a lease agreement with J, the owner of the instant building on January 24, 2014 and one of the instant buildings, with a lease deposit of KRW 150 million, KRW 183.9 square meters on the third floor, KRW 50 million, and KRW 400 million on the lease deposit, and KRW 60 million on the same day. The instant building is the J and the instant building.

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