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(영문) 서울고등법원 2018.02.09 2017나2015407
물품대금
Text

1.The judgment of the first instance, including a claim added and reduced in the trial, shall be modified as follows:

Defendant C.

Reasons

1. The primary claim against Defendant C and the claim against Defendant B

A. (1) In full view of the reasoning of the judgment as to the cause of the claim (A) as to the primary cause of claim against Defendant C, the Plaintiff may recognize the fact that the Defendant C, who completed business registration with the trade name “D, has supplied agricultural products, such as 4,58,962,204 won from 209 to 2012, and 4,223,109,967 won from the price of the above goods (hereinafter “payment 1”) was paid by the Defendant C. In addition, the Plaintiff received reimbursement from the Defendant C of KRW 4,223,109,967 from the price of the above goods.

(B) Therefore, Defendant C is obligated to pay to the Plaintiff the remainder amount of KRW 365,852,237 (i.e., KRW 4,588,962,204 - 4,223,109,967) and damages for delay, barring special circumstances.

(C) In addition to the payment of the remaining goods for the first time, the Plaintiff sought payment of KRW 113,293,478 in total, which the Plaintiff remitted to Defendant C.

However, solely on the ground that the Plaintiff remitted the above money to Defendant C, Defendant C cannot be deemed to have a duty to return the above money to the Plaintiff. Thus, the Plaintiff’s claim for this part of the money is without merit.

(2) In full view of the purport of Gap evidence No. 5 and the entire arguments as to the cause of the claim against defendant B, the plaintiff can be acknowledged that he supplied the defendant B Co., Ltd. (hereinafter "Defendant B") with agricultural products, such as withering to KRW 1,413,61,956, the sum of the price from 2011 to 2012, and 1,413,661,956, and heading. Meanwhile, the plaintiff was paid KRW 1,349,648,724, out of the price of the above goods from the defendant B.

Therefore, Defendant B, barring special circumstances, shall pay the remainder to the Plaintiff KRW 64,013,232 = 1,413,61,956 -1,349,648.

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