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(영문) 수원지방법원 2015.09.11 2014나44991
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order for payment shall be revoked, and above.

Reasons

1. The Plaintiff’s determination as to the cause of the claim asserts that: (a) the person who runs a wholesale business, such as franchis, powder, etc., with the trade name of C; (b) the amount of the unpaid goods arising from the supply of the goods to the Damp stores that the Defendant operated (hereinafter “instant Pyeongtaek stores”) is KRW 6,270,749; and (c) the amount of the unpaid goods accrued from the Defendant’s transfer of the instant Pyeongtaek stores to another person and the supply of goods to the Damt Market Points that newly started to operate the instant store (hereinafter “instant store”); and (d) the unpaid goods amount is KRW 3,418,761; (c) the Defendant paid KRW 2,00,000 to the Plaintiff, and thus, (d) the Defendant is obligated to pay the said KRW 7,389,404 to the Plaintiff.

On July 1, 2013, the Defendant supplied goods from the Plaintiff while operating the instant Pyeongtaek store and transferred the said store to E (hereinafter “instant transfer”). At the time of the instant transfer, the Plaintiff supplied the goods to the instant Pyeongtaek store and the unpaid goods claim against the Defendant was KRW 5,330,225, and the unpaid goods claim amounting to KRW 640,418,00 for the instant Pyeongtaek store after the instant transfer was additionally incurred, and the Plaintiff supplied the goods to the Defendant and the unpaid goods claim amounting to KRW 1,418,761 is not disputed between the parties.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 5,330,225 for the goods supplied by the plaintiff to E not later than the transfer of the instant Pyeongtaek point to E, and the amount of KRW 1,418,761 for the goods supplied by the plaintiff at the entertainment point of this case (= KRW 6,748,986 (= KRW 5,330,225) for the goods provided by the plaintiff (= KRW 5,330,225).

(E) The Defendant cannot be deemed to be liable to pay to the Plaintiff the amount of KRW 640,418, which occurred after the Defendant transferred the instant Pyeongtaek Point to E.

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