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(영문) 전주지방법원 2018.11.09 2017나14379
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The summary of the Plaintiff’s assertion is a company that engages in the wholesale and retail business of food materials. The Defendant is obligated to pay to the Plaintiff the outstanding amount of KRW 18,947,60 (C related outstanding amounts of KRW 14,486,50 (C related outstanding amounts of KRW 14,313,300) and delay damages therefrom, even though the Plaintiff supplied food materials equivalent to KRW 53,664,300 to the Defendant from February 2, 2015 to June 2016, the Defendant paid KRW 34,716,700 to the Defendant.

2. According to the records of evidence No. 1 as to whether the Defendant was a party to a transaction, who was directly supplied with food materials by the Plaintiff, the Defendant reported the business of the first floor of the building B located in the Jeonsan-gu Seoul Special Metropolitan City as “C” on December 31, 2014, and reported the business closure around March 25, 2016.

However, the following facts and circumstances acknowledged by the purport of each entry and the entire argument in the evidence Nos. 2 through 4, i.e., the Defendant’s business operation or business registration at the location of the said business establishment: (a) there was no fact that the Defendant conducted business operation or business registration; (b) the Plaintiff, without consultation with the Defendant, provided a specific contract on the transaction of food materials only between F and F without consultation with the Defendant; and (c) at the time, the Defendant was aware of the content of the said transaction (the supply of goods

There is no evidence to acknowledge the fact that the Plaintiff agreed to assume the responsibility for the cost of goods, and ③ the Plaintiff supplied food materials directly to F, which had been found in its store, and received the cost of goods from F. ④ The Plaintiff continued to demand F to pay the cost of food materials until the instant lawsuit is filed.

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