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(영문) 수원지방법원성남지원 2017.09.27 2017가단200107
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 48,341,00 and the interest rate of KRW 15% per annum from March 25, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is engaged in wholesale and retail business, such as freezing fishery products and food materials, with the trade name of “C,” and the Defendant is engaged in wholesale and retail business of food materials with the trade name of “D.”

B. The Plaintiff continued to supply food materials to E and F, who were engaged in the wholesale and retail business with the trade name of “D”, and the Defendant received the trade name of “D” from F and E and operated “D” as it is, and the Plaintiff continued to supply food materials to the Defendant.

C. The Plaintiff supplied goods, such as food materials, to the Defendant, and issued a transaction statement. The transaction statement that the Defendant was supplied on July 27, 2016 includes the name, size, unit, quantity, unit price, and supply value of the goods, and the outstanding amount is indicated in KRW 49,840,50, and the Defendant signed the transaction statement.

On December 2, 2016, the Plaintiff supplied the Defendant with goods, such as food materials, and issued a statement of transaction. The said statement of transaction contains the name, size, unit, quantity, unit price, and supply value of the goods, and the outstanding amount is stated in KRW 49,841,00, and the Defendant signed the said statement of transaction.

The Defendant paid KRW 3,00,000 to the Plaintiff, each of which was KRW 500,000 on December 15, 2016, February 1, 2017, and March 1, 2017.

[Ground of recognition] without any dispute, Gap evidence 1 through Gap evidence 6, Eul evidence 1, purport of whole pleadings and arguments

2. In light of the following circumstances, which are acknowledged as having been comprehensively taken into account the purport of the entire pleadings, namely, the Plaintiff unilaterally prepared, but the same amount as the sales amount, outstanding amount, and balance in the transaction statement issued by the Plaintiff to the Defendant on the customer ledger against the Defendant, and the Defendant signed the transaction statement in which the outstanding amount was recorded, and it appears that the Plaintiff did not raise any objection thereto.

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