1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. The Plaintiff, who operates the Plaintiff’s assertion CBS, supplied the Defendant with goods, such as 549,058,500 won and grains, from January 26, 2008 to July 26, 2018, and received KRW 515,083,50 from the Defendant during the said period.

Therefore, the defendant is liable to pay to the plaintiff 3,975,00 won for the unpaid goods and damages for delay.

B. The defendant's assertion that there is no unpaid amount of goods during the transaction period asserted by the plaintiff.

Rather, 6,235,00 won was paid in excess during the above period.

2. The Director of the Sales Agency (No. 1-34 of the evidence A) against the Defendant stated “the balance 3,975,000 won,” which remains after subtracting the input amount from the sales amount from January 26, 2008 to July 26, 2018.

However, the Plaintiff asserts that if the employee E delivers the goods to the Defendant, enters the sales and receipts on the Defendant’s customer transaction card, and then submits the customer transaction card to the Plaintiff on the following day, the Plaintiff has managed the sales and receipts by entering the contents of the customer transaction card in the ledger for each customer’s office, which is a computer program. However, the customer transaction card (Evidence A6) against the Defendant prepared and issued by E states “42,590,000 won in the balance on July 26, 2018,” and the said balance is different from the amount of KRW 3,975,00 in each customer’s office.

In addition, E was found to have been embezzled on October 29, 2018 while keeping the price for the goods collected from the customer for a long time, and retired on May 27, 2020 in the Jeonju District Court Decision 2019Da1948, 202 Godan180 (Merger), the said court convicted him of the criminal facts, etc. that “E arbitrarily consumed and embezzled the amount of 169,290,656 won from 47 business partners from February 9, 2012 to October 5, 2018 (including the Defendant not including the Defendant) while in the course of performing its duties,” and sentenced him to imprisonment for one year and six months.

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