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(영문) 수원지방법원 2016.08.17 2015나32209
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is engaged in food, miscellaneous, and wholesale and retail business of agricultural and fishery products under the trade name of C, and supplied D Co., Ltd. (hereinafter “D”) with agricultural and fishery products and food miscellaneous products from March 20, 2013 to September 30, 2013.

B. From January 3, 2013 to February 28, 2013, the Plaintiff supplied D goods worth KRW 38,489,000 in total.

C. On March 20, 2013, the Defendant, which had been the captain of D, was the captain of D, “C’s unclaimed amount of KRW 28,350,000” to the Plaintiff.

3. To pay in full until 28.

3.1.1. to 3.1.

3. 10,139,000 won until 17.

4. 15. I will complete the approval.

I will assume all responsibilities in default.

The Plaintiff prepared and stated a written confirmation, and confirmed on March 21, 2013, that the Plaintiff did not pay all the unpaid food materials traded in C as of March 20, 2013 at the D Management Office on the following day.

(d) On April 3, 2013, the Defendant: (a) promised the Plaintiff to pay KRW 10,000,000 out of C’s attempted amount to KRW 38,489,000 to the Plaintiff until April 10, 2013; and (b) thereafter, the Defendant will pay the remainder of KRW 28,489,00 from KRW 3 million per month to the company account in five million.

I will assume all legal responsibilities in default.

“The confirmation letter of an attempted payment agreement (hereinafter referred to as “instant confirmation”) was prepared and issued.

E. On August 16, 2013, the Plaintiff agreed to the Defendant to receive the same day and lent KRW 1,000,000 to the Defendant.

F. Meanwhile, the Defendant repaid the Plaintiff KRW 8,113,80 on three occasions from May 15, 2013 to July 15, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the total amount of KRW 31,375,200 (i.e., KRW 38,489,000,000 - KRW 8,113,800) and damages for delay.

Therefore, the defendant is out of the above money to the plaintiff.

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