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(영문) 광주지방법원목포지원 2015.07.02 2014가합10835
손해배상(기)
Text

1. Defendant B Co., Ltd.: (a) KRW 201,256,500 for the Plaintiff and 6% per annum from January 1, 2011 to July 1, 2014; and (b)

Reasons

1. Basic facts

A. The Plaintiff is the wife of the deceased I (hereinafter referred to as “the deceased”), and the Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) is a juristic person established with the purpose of distributing and selling agricultural specialties produced in the Military without any cause, thereby contributing to the increase of the income of the production farmer. The Defendant C was the representative director of the Defendant B from July 30, 2004 to July 29, 2010.

B. The Deceased supplied Go-gu, which had been cultivated from around 2006, to Defendant B in a trading manner that received the price from Defendant B after 1 to 2 months. Around January 2010, the Deceased supplied Defendant B with an amount equivalent to KRW 113,367,00 (6,837 boxes), equivalent to KRW 71,489,50 (4,462 boxes) around February 2010, equivalent to KRW 86,45,00 (5,430 boxes) around March 2010, and KRW 54,61,00 (3,211 boxes) around April 201, and KRW 325,922,500, respectively.

(hereinafter referred to as the “instant supply contract”), which was made from January 2010 to April 2010, is called the supply contract of this case.

However, Defendant B paid to the Deceased KRW 124,66,00 out of the price under the instant supply contract, and did not pay the remainder of KRW 201,256,50 (= KRW 325,922,500 - KRW 124,66,00) despite the repeated demand of the Deceased.

After that, the deceased died and his heir, who was the Plaintiff and his children, J and K. In January 2015, the Plaintiff acquired all the claims inherited from J and K among the claims unpaid under the instant supply contract from J and K, and K, and each of the above claims assignment reached the Defendants around that time.

Although the Plaintiff did not clearly assert or prove the notification of each of the above assignment of claims, in light of the purport of the entire pleadings, it shall be deemed that the preparatory document dated January 20, 2015, which included the Plaintiff’s assertion of each of the above assignment of claims, was delivered to the Defendants, as the notification of each of the

[Reasons for Recognition] As to Defendant B: Confession.

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