beta
Text
1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount:
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who engages in wholesale and retail business of livestock products in the name of “C”, and the Defendant is a person who engages in livestock product sales business in the name of “E” from August 1, 2012 to Pakistan, and F is a person who engages in restaurant business in the name of “G restaurant” on the first floor at the seat of the Defendant’s place of business.
B. The Plaintiff entered into a livestock product supply contract with the Defendant and supplied the Defendant an amount equivalent to KRW 129,889,560, such as beef and beef, to the Defendant from July 2013 to December 2013.
[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2-2, Gap evidence 3-1 to 6, Gap evidence 5-1 and 2-2, the purport of the whole pleadings
2. The party's assertion and judgment
A. The Plaintiff asserts that (1) the Plaintiff sought payment of KRW 46,741,790 of the remainder remaining after partial payment of KRW 129,889,560 of the amount of the livestock products supplied to the Defendant from July 2013 to December 2013, and the Plaintiff further supplied the Defendant with KRW 26,212,310 of the total amount of the livestock products after January 2014. However, the Plaintiff did not claim this portion of the goods payment against the Defendant, and there is no other evidence to acknowledge this.
(2) As to this, the Defendant asserted that: (a) the Defendant supplied the said livestock products from the Plaintiff’s deposit account; (b) KRW 62,210,00 from the Defendant’s deposit account; (c) KRW 37,30,00 from the H’s deposit account; and (d) KRW 7,450,000 from the F’s deposit account to the Plaintiff’s deposit account; and (b) KRW 18,60,000 from the Samsung Card; and (c) the Defendant paid KRW 6,50,000 on the Samsung Card; and (d) paid KRW 12,100,000 in cash.
B. (1) The judgment (1) recognizes that the Defendant was supplied with livestock products equivalent to KRW 129,889,560 from the Plaintiff, but is disputing that the Defendant fully repaid the price of the goods.