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(영문) 서울중앙지방법원 2017.02.07 2015가단5397582
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff is a company mainly engaged in the business of selling agricultural chemicals to wholesalers or market wholesalers on a national scale.

The defendant shall conduct the business of purchasing and selling agrochemicals from the supplier in the trade name of "B".

B. On March 201, the Plaintiff entered into a goods supply contract with the Defendant on a one-year basis (in the absence of a special declaration of intention, automatic extension) and the Plaintiff supplied the Defendant with agricultural chemicals, etc., and the Defendant concluded a contract with the Defendant to transfer the price to a virtual account given by the Plaintiff by December 31 of the relevant year.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff’s assertion as to the cause of the claim has supplied agricultural chemicals to the Defendant until 2012, and the balance of transaction amounts calculated according to the details of issuance of the tax invoice and the head of the sales ledger by the end of 2012 remains 87,970,317 won, and if the amount is deducted, the amount of goods remains 63,264,738 won.

The defendant is obligated to pay to the plaintiff 63,264,738 won and damages for delay.

3. Determination ① The employee of the Plaintiff in charge of the transaction with the Defendant was changed to C around 2012, but C committed a breach of trust, such as paying the outstanding amount through a return prevention between the purchaser and the purchaser, etc., to increase the business performance.

② To this end, C received orders from a variety of buyers, signed a written confirmation of acceptance of goods with the name of a separate business partner other than the purchaser, and had the purchaser deposit the price into the Plaintiff’s virtual account or the bank account with his own written confirmation of acceptance of the goods, and used the method of issuing a tax invoice to the person who is supplied with the goods.

(3) C shall be 24,705,579 won [the total sale = 44,705,579 won [the total sale = 44,705,579 won] between February 2, 2013 and the defendant, and as of December 2012.

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