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1. The Defendant shall pay to the Plaintiff KRW 74,493,820 and the interest rate of KRW 15% per annum from January 26, 2018 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legal entity engaged in the mixed feed manufacturing business and the sales business, and the Defendant is engaged in agriculture such as merating with the trade name “C”.
B. The Defendant supplied Nonparty D Co., Ltd. (hereinafter “D”), and upon D’s recommendation, supplied meatal feed to the Plaintiff instead of receiving meatal eggs from D, and paid meatal feed to D to the Plaintiff.
Therefore, on March 4, 2015, the Plaintiff and the Defendant drafted a trade agreement with the Defendant that the Plaintiff would supply feed to the Defendant by setting the ceiling of the guarantor as the credit ceiling, and E/F at the time operated D and D became a joint and several surety for the Defendant’s feed payment for the Plaintiff.
(hereinafter “instant contract”). C.
After the conclusion of the instant contract, the Plaintiff supplied feed to the Defendant from March 2015 to August 2016, and the Defendant supplied Mestalalalals to D and the transaction was conducted in the form that the Plaintiff pays feed to the Plaintiff.
Meanwhile, other farms, other than the defendant, who supplied Meatal eggs to D, have entered into a contract similar to the plaintiff through D, and supplied Meatal eggs to D and supplied Meatal eggs to D.
The Plaintiff prepared a statement of transactions appropriating the details of the sales of feed by farm each month and the amount repaid from D on the amount of feed by farm, and notified D thereof, but did not separately inform each farm owner, including the Defendant, of such statement.
The amount of unpaid feed is 74,493,820 won in the case of the defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 10 evidence, Eul evidence 5, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion.