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1. The Plaintiff:
A. Defendant A’s KRW 67,109,00 and interest rate of KRW 15% per annum from December 29, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company running the wholesale business of agricultural products. Defendant A is a trade name called “C”, Defendant B is a person who engages in wholesale business of agricultural and fishery products under the trade name of “D”, and the Defendants are the wholesalers.
B. From December 2016 to August 2017, the Plaintiff received an order from “C” and supplied total agricultural products worth KRW 67,109,000.
C. From June 2016 to September 2017, the Plaintiff supplied Defendant B with agricultural products equivalent to KRW 444,884,300 in total, and Defendant B paid KRW 262,233,500 in total to the Plaintiff from November 2016 to August 2017.
[Ground of Recognition] Defendant A: A without dispute; entry of Gap evidence 1 through 5 (including branch numbers in case of additional number); the purport of whole pleadings; Defendant B: Confession of confession (Article 150(1) of the Civil Procedure Act)
2. Determination
A. According to the above facts, Defendant A is obligated to pay the Plaintiff the amount of KRW 67,109,000 for the goods of agricultural products and delay damages therefrom, barring special circumstances. 2) Defendant A did not conclude an agricultural products supply contract with the Plaintiff, and even if there was an agricultural products supply contract with the Plaintiff, Defendant A remitted all the amount of the goods to Defendant B, thereby extinguishing the Plaintiff’s obligation to pay for the goods.
The fact that an order for agricultural products was issued to the Plaintiff under the name of “C” operated by Defendant A, is as seen earlier. Even according to the Defendant’s assertion, Defendant B, who had been operating prior to the date of supply of agricultural and fishery products, began wholesale and retail business of agricultural and fishery products under the trade name of “C”. Accordingly, from August 2016 to October 2017, the agricultural products were supplied to Daegu Prison, Daegu Detention Center, and Daegu Medical Center, etc., and even if Defendant B supplied the agricultural products, etc. to the Plaintiff, the order for agricultural products, etc. was issued to the Plaintiff.