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(영문) 서울중앙지방법원 2014.05.15 2013가합71390
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff had sold livestock products to B from March 2013 to June 2013 as a company that engages in livestock products distribution business.

By June 2013, B had not been paid to the Plaintiff by June 2013 (hereinafter referred to as “B’s unpaid obligation”) totaling 483,39,898.

B When it has become difficult for the Plaintiff to directly receive goods due to excessive debt, B introduced the Defendant, who is a person in charge of the Plaintiff’s business, to engage in livestock products distribution business under the trade name of “D”.

B stated that “A person who supplies the Defendant with a satisfy to sell it to another place by receiving it from the Defendant at his own seat.”

On June 26, 2013, the Plaintiff instructed an enterprise that keeps the Plaintiff’s goods to deliver 494 boxes (9,173.7kg) to the Defendant.

On the same day B sold the goods from the Defendant to the distribution of the Korean Peninsula, but re-purchaseed the goods from the distribution of the Korean Peninsula, and then sold them again to the Plaintiff.

The Plaintiff, as a result of the re-purchase of the goods, shall offset the Plaintiff’s obligation to pay for the goods (62,839,845 won) and the unpaid obligation B.

(Total Amount of unpaid Obligations B after Set-off: 420,560,053). On June 26, 2013, the Plaintiff sold the goods to the NF EF, and received the price for the goods from the NF.

On June 28, 2013, the Plaintiff instructed the goods storage company to deliver the 714 boxes (14,609.9kg) to the Defendant.

On the same day, the above goods were distributed in the same manner as the transaction dated June 26, 2013 (Plaintiff B, Defendant B, and Plaintiff B).

The Plaintiff settled the Plaintiff’s unpaid obligation (98,616,825 won) and B’s unpaid obligation for the purchase of the goods again.

(B) A total amount of unpaid obligations after offsetting KRW 321,943,228). The Plaintiff sold the goods to the UN Efrate ( June 28, 2013) and the Af Home ( July 1, 2013) and received goods from the UN Efrate and the Af Home.

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