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1. Defendant B’s agricultural partnership shall pay to the Plaintiff KRW 57,715,750 as well as its full payment from November 17, 2015 to the date of full payment.
Reasons
1. Determination as to the claim against the defendant farming association corporation B
A. Facts of recognition 1) The Plaintiff is a person engaged in the wholesale business of Cheongju in the name of “D”, and Defendant Agricultural Partnership B (hereinafter “Defendant Corporation”).
)는 농산물의 생산, 가공, 유통, 판매 등을 하는 법인이다. 피고 C는 피고 법인의 대표이사이다. 2) 원고는 2014년 초부터 2014. 12. 28.까지 피고 법인에 깻잎 등을 공급하였는데, 그 대금 중 57,715,750원을 지급받지 못하였다.
[Evidence Evidence: Facts without dispute, entry of Gap evidence, response by the head of the tax office having jurisdiction over the order to submit a report by this Court, the purport of the entire pleadings, rejection evidence: Each entry of evidence Nos. 2, 3 and 4
B. Determination 1) According to the above facts, the Defendant Corporation: (a) from November 17, 2015, the following day following the delivery date of the complaint on the amount of KRW 57,715,750 of the amount of goods unpaid to the Plaintiff; and (b) as from November 17, 2015 (the Plaintiff claimed damages for delay from December 29, 2014, but there was no proof of the payment deadline;
(C) The Defendant asserts to the effect that the transaction of goods between the Plaintiff and the Plaintiff is merely one of the individuals. However, the following circumstances revealed by the above evidence and the following circumstances, i.e., an individual whose size of the transaction of the goods in this case was not registered as a business operator, are determined to have a large scale (the Defendant C is not registered as business operator).
(B) In full view of the fact that part of the price of goods against the Plaintiff was remitted to the name of the Defendant Corporation, the Plaintiff’s principal agent of the instant goods transaction is not C but the Defendant Corporation, and the above assertion is without merit. (B) The Defendant asserted to the effect that the Plaintiff omitted the payment of KRW 23,741,90 paid to the Plaintiff when calculating the price of goods.
Modern No. 3-W.