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Reasons
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(영문) 의정부지방법원 2020.10.14 2020가합50171
물품대금
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1. The Defendant’s KRW 202,135,90 for the Plaintiff and KRW 6% per annum from September 12, 2019 to October 14, 2020 for the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the wholesale business of agricultural products in the Songpa-gu Seoul Metropolitan City market, and the Defendant is a company that runs the distribution, processing, and sales business of agricultural products.

B. The Plaintiff from January 3, 2019 to the same year

8. By the end of 31.3, the Defendant supplied the Defendant with the agricultural products sold at two stores (Noon datum and water datum) in accordance with a contract with D Co., Ltd., and issued the electronic tax invoices of KRW 340,577,700 in total as the Defendant for the same period.

C. According to the Plaintiff’s specification of transactions, the amount of goods that the Plaintiff had not received after supplying agricultural products to the Defendant during the above period is the total of KRW 202,135,90 (=amount receivable for Nowon datum of KRW 97,613,500, the outstanding amount of KRW 104,52,400).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-2, 2-2, 2-3 and 3-2, the purport of the whole pleadings

2. The plaintiff asserts that "the defendant supplied agricultural products to the defendant during the period from April 1, 2016 to August 29 of the same month, and 205,465,418 won out of the price was not paid by the defendant. Thus, the defendant should pay to the plaintiff the total amount of KRW 407,601,318 (=205,465,418 won from April 1, 2016 to August 29 of the same year)."

The defendant asserts that "the plaintiff brought a lawsuit against E Co., Ltd. (hereinafter only referred to as "E") which is an agricultural corporation practically identical with the defendant, separately from this case, that "the price for the goods is partially overlap with the price for the goods claimed in each case (this court 2020 Ma50188, hereinafter referred to as "relevant case")."

3. Determination

A. According to the facts acknowledged prior to the price of goods supplied from January 3, 2019 to August 201 of the same year, the Defendant has the same year from January 3, 2019 to the Plaintiff.

8. The unpaid agricultural products supplied by the time of March 31.

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