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(영문) 춘천지방법원 2015.10.16 2014나5580
물품대금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The parties' assertion

A. The plaintiff's primary claim 1) The defendant CF corporation (hereinafter "the defendant CF corporation")

(1) The Defendant Farming Cooperative is obligated to pay KRW 96,300,000 to the Plaintiff on the ground that the Plaintiff was paid KRW 65,700,000 out of the price, after hearing the end that the Plaintiff supplied the alteration from July 19, 201 to August 2012, 200.

(2) The Defendants are jointly and severally liable to pay to the Plaintiff the price of KRW 96,300,000 and delay damages for the alteration that the Plaintiff supplied to the Defendant Farming Cooperative, which was supplied to the Defendant Farming Cooperative, because the Plaintiff, who had the main office located in the same place as that of the Defendant Farming Cooperative, did not have an independent settlement structure. As such, the Defendants are jointly and severally liable to pay to the Plaintiff the price of the goods at KRW 96,300,000 and the delay damages therefor.

B. Defendant farming cooperative’s assertion by the Defendants did not have received alteration from the Plaintiff, except for the case where the altered amounting to KRW 18,750,000 was supplied by the Plaintiff around August 2012. Since Defendant farming cooperative did not have to pay the Plaintiff the price of the goods to the Plaintiff in full from September 28, 2012 to May 22, 2013, Defendant farming cooperative did not have any obligation to pay the price of the goods to the Plaintiff.

The alteration supplied by the plaintiff around 2011 is not only a transaction with the defendant farming cooperative but also a transaction with the E individual.

In addition, the defendant B only used the office when the defendant farming cooperative actually closes its business, and is in fact separate from the defendant farming cooperative.

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