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(영문) 부산지방법원동부지원 2017.09.28 2016가단10454
물품대금
Text

1. The Defendant’s KRW 33,851,140 and the Plaintiff’s annual rate of KRW 6% from October 25, 2016 to September 28, 2017.

Reasons

1. Facts of recognition;

A. At the request of D, the management officer of the Ccafeteria, the Plaintiff began to supply food materials to “Ccafeteria” from November 23, 2015, and thereafter, supplied food materials as well as the “E shop” generated on the fifth floor of the building where the Ccafeteria is located and the “F restaurant” generated on the first floor.

B. The sum of the goods supplied by the Plaintiff from November 23, 2015 to May 31, 2016 is KRW 2,367,50, and KRW 47,186,140, and KRW 8,967,850.

C. By July 2017, the Defendant paid to the Plaintiff KRW 13,335,00 in total as the price for goods.

[Ground of recognition] Unsatisfy, entry of Gap 1 through 9, purport of the whole pleadings

2. The parties' assertion that the plaintiff supplied food materials to the "C cafeteria" and supplied food materials to the "E cafeteria" and the "F cafeteria" newly commenced for the business. The defendant asserts that he is obligated to pay the remainder of the food materials supplied by the plaintiff.

The defendant asserts that the "Ccafeteria" is the defendant's place of business, but the remaining company does not have any obligation to pay food materials supplied to the defendant as an enterprise unrelated to the defendant.

3. Since there is no dispute between the parties regarding the amount of food materials supplied by the plaintiff or the defendant to the judgment and the amount of the Defendant’s repayment, it is examined only about the amount of food materials supplied to the F cafeteria and the E cafeteria.

In light of the statement No. 1-2 of the evidence submitted by the Plaintiff, it is insufficient to recognize that the Defendant, even based on all the evidence submitted by the Plaintiff, is the owner of the F cafeteria and E-place, who supplied the goods from the Plaintiff to each of the above businesses, and there is no other evidence to acknowledge it. Thus, the argument about the price of food materials supplied by the Plaintiff to the above two places of business

Thus, the defendant shall pay to the plaintiff KRW 33,851,140 remaining after subtracting KRW 13,35,000 from the food materials cost 47,186,140 delivered by the plaintiff to Ccafeteria until July 2017, and the following day of service of a copy of the complaint of this case.

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