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Reasons
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(영문) 창원지방법원진주지원 2019.11.19 2019가단35892
물품대금
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1. The Defendant shall pay to the Plaintiff KRW 71,672,50 and the interest rate of KRW 12% per annum from July 20, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. A. The Dispute Resolution and the Defendant’s Dispute Resolution Co., Ltd. (the representative E (Plaintiff’s Handling System; hereinafter “D”) supplied the Defendant with fishery products from the past, which was closed on January 2016.

B. The Plaintiff and the Defendant’s transaction (1) accordingly, the Plaintiff (F) took over all the business, including claims and obligations in the transaction of the above fishery products with D, and thereafter supplied the Defendant with the fishery products as before.

(2) On October 14, 2017, the Plaintiff terminated the transaction with the Defendant, and at the time, the remaining goods amounted to KRW 81,672,50.

C. On February 14, 2018, the Defendant partially repaid 10 million won out of the remainder to the Plaintiff.

[Ground for Recognition: Facts without dispute, each entry of Gap evidence 1 to 8 (including paper numbers), and whole purport of oral argument]

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remaining amount of KRW 71,672,500 ( KRW 81,672,500 - KRW 10,000) and damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from July 20, 2019 to the day of full payment, which is the day following the delivery of the complaint of this case sought by the Plaintiff.

(B) The Defendant asserted that “The present representative director G was acquiring the Defendant’s shares from H on April 30, 2018, thereby acquiring the Defendant’s shares from the former representative director H, but the instant obligation was not assumed.” However, even if there were such facts, it is only an internal dispute between G and H on the Defendant’s purchase and sale of shares.”

The defendant asserts that "the amount equivalent to 2,7720,00 won in total, which is 15kgg 810 g 810 g g 1570,000 g g 150 g g 150 g g 15850,000 won (580,000 g 5.8520,000 won), among the fishery products supplied by the plaintiff, should be deducted from the price."

However, evidence Nos. 1 and 2-

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