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1. The Defendant shall pay to the Plaintiff KRW 46,741,790 as well as 20% per annum from May 26, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who engages in wholesale and retail business of livestock products under the trade name of “C,” and the Defendant is a person who engages in livestock product sales business in the name of “E” from August 1, 2012 to Pakistan, and F is a person who engages in restaurant business in the name of “G restaurant” on the first floor at the seat of the Defendant’s place of business.
B. From July 2013 to December 2013, the Plaintiff entered into a livestock products supply contract with the Defendant, and supplied the Defendant with the amount equivalent to KRW 129,889,560, including beef and beef.
【Ground for recognition】 The fact that there has been no dispute, entries in Gap 2, 3, and 5 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The purport of the parties’ assertion is that the Plaintiff sought payment of KRW 46,741,790,790, which remains after partial payment of KRW 129,889,560, which the Plaintiff supplied to the Defendant. Accordingly, the Defendant received from the Plaintiff the above goods and paid KRW 59,810,000 from the Defendant’s account, and KRW 20,60,000 from the H account to the Defendant’s account, and KRW 24,950,000 from the F account, and KRW 10,350,000 from the I account to the Plaintiff’s account, respectively, and the Defendant paid KRW 10,80,000 with the Samsung Card and KRW 6,50,000 with our card, and paid KRW 4,479,560 with cash.
B. Therefore, even though the defendant is recognized to have received goods equivalent to KRW 129,889,560 from the plaintiff, it is argued that all of the proceeds of the goods have been repaid. Therefore, the defendant's defense for repayment is examined.
First, from August 28, 2013 to January 7, 2014, the fact that the Defendant repaid the Plaintiff KRW 59,810,000 to the bank account in the name of the Plaintiff from August 28, 2013 to the bank account in the name of the Plaintiff, Samsung Card, KRW 10,80,000, and KRW 6,50,000 to our card is not disputed between the parties, or is recognized in accordance with the evidence Nos. 3-1 and 4.
Next, the defendant from H account to KRW 20,600,00, from F account to KRW 24,950,000, from F account, and KRW 10,350 from I account.