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(영문) 청주지방법원 2017.07.18 2017가단101416
물품대금
Text

1. The Defendant’s KRW 118,984,00 for the Plaintiff and KRW 5% per annum from March 4, 2017 to July 18, 2017.

Reasons

1. Facts of recognition;

A. On December 30, 2016, the Defendant: (a) visited the Plaintiff’s place of business, agreed to purchase rice from the Plaintiff to purchase rice on credit; and (b) notified the Plaintiff of an order of KRW 20 km 5,000 from the rice in the year 2016, and KRW 20 km 8,000 from the rice in the year 2016.

B. The Plaintiff supplied the following amount of rice to the Defendant on credit out of the ordered volume under the above notice of order, and supplied it to the supply unit designated by B.

On December 30, 2016, the standard quantity of supply unit (won) for the name of raw powders of 20 km 720 g7,800 20,016,00 C on December 30, 2016, 200 C on January 02, 201, 201 20 g720 g7,80000 c on January 1, 2017, 2000 C on January 03, 2017, 20 g 720 g7,800 g 207,800 g 20,800 g 8,000 d 20 g 20 g g 720 g 20 g 8207 g 208 g g 20107 g g 20108 g g 20107 g 208 g g g 2010108 g g g 201017

C. On January 11, 2017, the Defendant decided to dismiss B, and the registration of dismissal of B was completed on January 17, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff sought payment from the Defendant pursuant to the rice purchase contract, and the Defendant did not prepare an agreement on the purchase and sale of grain (foreign grain) between the Plaintiff and the Defendant. As such, the contract is not concluded, and the Plaintiff was knowingly supplied as an individual business activity in B, so the Plaintiff cannot seek payment from the Defendant.

B. In full view of the above facts of recognition and the purport of the entire pleadings in the testimony of the witness B, the defendant promotes the expansion of markets for agricultural products produced by its members and the activation of distribution sources, and the technologies needed by its members.

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