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(영문) 수원지방법원 2017.07.14 2016나13816
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. In the trade name of “C”, the Plaintiff and the Appointer B, a joint business operator, who supplies bread, b, etc. to customers (hereinafter collectively referred to as “Plaintiff’s side”) supplied the Defendant b, a interim distributor, through D, from August 14, 2015 to February 20, 2016.

B. As to the above supply, the Plaintiff prepared a trading specification list from September 8, 2015 to February 20, 2016, and entered the accumulated amount by each day on the lower right side of each trading specification list.

C. Meanwhile, from September 25, 2015 to October 31, 2015, the part of the “former outstanding amount of KRW 7,100,000” at the bottom of the left-hand side, separate from the existing outstanding amount, was stated separately. From the transaction list on November 3, 2015, only the “former outstanding amount of KRW 7,100,000” and the total amount of the outstanding amount of the outstanding amount of KRW 7,10,000 were entered at the right-hand side of the transaction list.

The total amount of accounts receivable entered in the trading statement dated February 20, 2016 is KRW 8,285,100 (hereinafter “the total amount of accounts in this case”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) supplied the breaer and breaer to the Defendant from August 14, 2015 to February 11, 2016. At present, the Plaintiff’s claim against the Plaintiff is seeking payment of KRW 8,035,800, which occurred from the instant complaint to February 11, 2016. However, the Defendant himself/herself is the total outstanding amount of KRW 8,285,100, which occurred from February 20, 2016. Thus, the Plaintiff’s claim against the Plaintiff is that the total outstanding amount of KRW 8,285,100 is the total outstanding amount of KRW 8,285,100, and the Plaintiff’s claim against the Plaintiff is that the outstanding amount of KRW 1/2 of each of the Plaintiff and the appointed parties are divided into 1/2,00,000.

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