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(영문) 서울남부지방법원 2017.10.17 2016가단35059
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 46,548,560 and interest rate of KRW 15% per annum from September 8, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person that runs food materials wholesale business, retail business, etc., and the Defendant is a juristic person that runs franchise business, etc. in the trade name of “B.”

B. The Plaintiff’s head of the Customer’s place of business that the Plaintiff prepared was to supply the Defendant with goods, such as prokary forests and Mascarz worth totaling KRW 123,606,660 (including value-added tax; hereinafter the same shall apply) from October 2015 to May 2016.

[121,117,860 won entered in a complaint by the plaintiff was corrected to KRW 123,60,660 (= KRW 121,117,860) via a preparatory document dated July 4, 2017, with the amount omitted from KRW 2,48,80 in October 2015 among the details of transactions between the defendant and the defendant (i.e., KRW 123,60 (i., e., KRW 2,48,80). [Grounds for recognition] The fact that no dispute exists, Gap 2,3 evidence, and the purport of the entire pleadings

2. Determination

A. The summary of the party’s assertion (1) The Plaintiff supplied the Defendant with the goods indicated in the ledger of the above customer, and received a total of KRW 77,058,100, out of the amount of the goods, and thus, the Defendant is obligated to pay the remainder of the goods to the Plaintiff.

(2) The Defendant did not order the Plaintiff to use the product amounting to KRW 12,173,00 in total as stated in the trading statement from April 1, 2016 to April 14, 2016 and the product amounting to KRW 4,105,00 in total as indicated below, or supplied from the Plaintiff with the product amounting to KRW 16,278,00 in total, among the trading statements without the Defendant’s signature or confirmation.

B. There is no dispute between the parties as to whether the amount of the goods supplied by the Plaintiff is examined, and that there is no signature or confirmation by the Defendant on the statement of transactions by the Defendant’s assertion.

However, in light of the following circumstances, the evidence Nos. 2, 6, and 2, the plaintiff supplied all goods to the head of the above customer's office.

Therefore, the defendant's 46,548,560 won (=123,606,660 won - 77,058,100 won) and a copy of the complaint of this case.

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