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(영문) 광주지방법원 2015.02.03 2014가단49963
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 person who runs the wholesale and retail business of food materials in the trade name of “C,” and the Defendant is a person who runs the retail business of food materials in the trade name of “D.”

B. From March 16, 2004 to March 25, 2010, the Plaintiff supplied food materials, such as Saturdays and end, to the Defendant. As of March 25, 2010, the outstanding amount for the transaction of food materials is KRW 21,842,00.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the outstanding amount of 21,842,000 won for the transaction of the above food materials and delay damages therefrom, except in extenuating circumstances.

3. Judgment on the defendant's defense, etc.

A. On January 29, 2010, the Defendant asserts to the effect that there was no transaction between the Plaintiff and the E companyF on March 25, 2010, and thereafter there was no transaction between the Plaintiff and E company F. According to the following: (i) murderation and evidence No. 1: (ii) upon the Defendant’s request on March 25, 2010, the Plaintiff cannot be exempted from the obligation to pay the transaction amount; (ii) upon the Defendant’s request on March 25, 2010, the Plaintiff’s 55 even 80,55,50, 14,960,000, 25 even 72,840,000, in total, and KRW 21,800,000, in total, since the Plaintiff supplied the above transaction amount under the premise that the Defendant would pay the transaction amount; and (iii) the Defendant’s assertion that the Defendant would not be exempt from the obligation to pay the transaction amount.

B. 1) The Defendant’s defense of the expiration of the extinctive prescription period 1) provides the Defendant with food materials such as Saturdays and end during the period from March 16, 2004 to March 25, 2010, and as of March 25, 2010, the outstanding amount is KRW 21,842,000 as of March 25, 201. Thus, the outstanding amount of the outstanding amount of the sale price of the food materials is sold by the “merchants” under Article 163 subparag. 6 of the Civil Act.

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