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(영문) 인천지방법원 2019.08.30 2018가단206843
물품대금
Text

1. Defendant E Co., Ltd.:

A. 1,122,00 won for Plaintiff A, and 1,053,400 won for Plaintiff B, respectively.

Reasons

1. Basic facts

A. The Plaintiffs are personal entrepreneurs who sell flowerss, bonds, and fruits in the H market in Bupyeong-gu Incheon Metropolitan City H market.

B. Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation engaged in the agricultural, fishery, livestock, and food materials distribution business, and Defendant G is an individual entrepreneur who operates I (from June 11, 2014 to September 15, 2017).

【Defendant Corporation: Judgment by service of public notice (Article 208(3)3 of the Civil Procedure Act)

2. Determination as to the claim against the defendant corporation

A. Plaintiff A’s claim 1) supplied Defendant Corporation with agricultural products equivalent to KRW 14,610,00,000, but only received KRW 9,615,000, the Plaintiff sought payment of the remaining amount of KRW 4,995,000 for the Defendant Corporation. 2) According to each of the Plaintiff’s evidence Nos. 1-4 through 9, it can be acknowledged that Plaintiff A prepared each invoice that Plaintiff A supplied the Defendant Corporation with both waves from April 30, 2016 to September 30, 2016. However, it is insufficient to view that Plaintiff A supplied goods equivalent to KRW 14,610,00 for the Defendant Corporation, as alleged above, and there is no other evidence to prove otherwise.

However, the defendant corporation traded goods with the plaintiff from December 23, 2015 to July 31, 2016, and the fact that the amount of the unpaid goods remains at KRW 1,122,000 (Evidence 2). Thus, the defendant corporation is obligated to pay the plaintiff 1,122,00 won and damages for delay.

B. Plaintiff B’s claim 1) The Plaintiff supplied Defendant Corporation with agricultural products equivalent to KRW 14,910,000, but received only KRW 8,461,00, and thus, the Plaintiff Company sought payment of the remaining amount of KRW 6,449,00 for the goods unpaid to the Defendant Corporation. (2) According to the respective statements in the evidence No. 2-6 through No. 8, Plaintiff B.

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