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1. The defendant, 531,972,648 won, 531,972,648 won, and 415,169, against Sungwon Co., Ltd.
Reasons
1. Facts of recognition;
A. The Plaintiff Sungwon Co., Ltd. (hereinafter “Plaintiff Sungwon”), Sungwon F&D Co., Ltd. (hereinafter “Plaintiff Sungwon F&D”), and the Defendant is a seller of dairy products.
B. On April 1, 2014, when the Defendant provided the product specifications, such as the size, color, design, packing method, etc. of the product to be produced by the Plaintiff Sungwon with the Defendant on April 1, 2014, the Plaintiff Sungwon entered into a contract with the Defendant to deliver the product to the Defendant at the designated place by completing the product in accordance with such specifications (hereinafter “instant contract 1”).
(2) The Defendant filed a claim against the Defendant for the payment of the product supplied each month by the Plaintiff Sungwon Co., Ltd., and the Defendant paid the 1-15-day portion on the 20th day of each month, and the 16-day portion on the 16-day last day to the 7th day of the following month, respectively, to the Defendant from the conclusion of the instant first contract to the date of the conclusion of the instant contract.
3) From April 1, 2014 to January 31, 2017, Plaintiff Sungwon transferred 300 million won out of the unpaid price for supplying goods to the Defendant under the instant contract to the Defendant A, B, and JAD, Inc., and the remainder amount is KRW 1,249,975,733; 4) Plaintiff Sung Sungwon Co., Ltd. filed a lawsuit claiming the price for supply of oil products with respect to KRW 471,167,244 out of the unpaid price (Seoul High Court Decision 2017Na201591) and the appellate court continued to have rendered a favorable judgment (this Court Decision 2016Gahap9591).
On September 27, 2016, a payment order was finalized on September 27, 2016, for KRW 246,835,841 of the unpaid amount.
(C) The remaining amount remaining as of the court of Ansan-si (Law No. 2016.1066.5) is KRW 531,972,648 (i.e., KRW 1,249,975,733 - KRW 471,167,244 - 246,835,841). Plaintiff Sungwon-si F&D Co., Ltd and Defendant 1) on November 3, 2014.