beta
Text
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. Basic facts
A. When it was difficult for the Plaintiff to pay goods to the customer due to the aggravation of business management, around September 2010, the Plaintiff drafted a “Agreement on Payment of Goods” with respect to the amount of goods paid on May 2010 and June 2010 individually with creditors, including the Defendant, and the amount of goods paid on or around September 2010, respectively, by 50%, and the amount of goods paid on or around July 2010 and August 2010, respectively.
B. Around that time, the Defendant, who was operating C, drafted a written agreement on the payment of goods (No. 1, hereinafter “instant agreement”) with the Plaintiff with the following contents.
Section A of the Goods Payment Agreement shall agree to pay the following amounts out of the costs incurred in relation to the payment of the price by the Company C, and the Cooperative shall actively support the future production activities in the future. On May 43, 2010, 43,435,539, 21,717,770, 2010, 07 June 48, 2010, 2010, 48,943,880, 24,471, 940, 940, 07, 007, 91, 635, 630, 601, 601, 423, 201, 2010, the representative director of the Company, on October 40, 2010 [the representative director of the Company, on 204, 2014, 301, 305, 2010
C. The Plaintiff paid KRW 95,281,831 won (=21,717,70 won + 24,471,90 won + 27,490,698 won + 21,601,423 won) to the Defendant on September 7, 2010 and KRW 95,281,831 won (=21,717,70 won + 24,471,940 won + 27,490,698 won + 21,601,423 won).
C. On October 1, 2010, the Defendant filed a payment order against the Plaintiff seeking payment of KRW 241,619,528 of the price of goods with the Changwon District Court Branch Branch 2010 tea571, and received the payment order on October 11, 2010 (hereinafter “instant payment order”). On October 27, 2010, the Defendant submitted a written waiver of objection against the above payment order to the said court, and the said payment order was finalized around that time.
【In the absence of any dispute, Gap's 1, 6, 7 (including a paper number), Eul's 5, and the witness at the trial.