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1. The Defendant’s decision on performance recommendation is based on the Incheon District Court’s 2016 Ghana 121782 dated March 14, 2017.
Reasons
1. Basic facts
A. The Plaintiff is a person engaged in food manufacturing business with the trade name called C, and the Defendant is a person who runs food materials wholesale and retail business with the trade name called D.
B. From October 2012 to October 2016, the Defendant supplied the Plaintiff with food materials, such as smuggling and sugar.
C. The Defendant filed a claim against the Plaintiff for the payment of the price of goods with the purport that the Plaintiff would pay the balance of KRW 9,736,50 of the proceeds of the sale of goods and the delay damages from October 13, 2016, as the Incheon District Court 2016 Ghana 201782.
On March 14, 2017, the above court made a decision of performance recommendation with the same content, and became final and conclusive as the Plaintiff did not raise any objection after the above decision was served on March 20, 2017.
[Reasons for Recognition] Gap evidence Nos. 1, 6-10, Eul evidence No. 2, and the purport of the whole pleadings
2. Determination
A. Comprehensively taking account of the overall purport of arguments in the statements and videos Nos. 1 through 3 and 5-8, the Defendant supplied the Plaintiff with goods and received partial payments. The Defendant arranged the details of the supply of goods and the details of the receipts from October to October 2016 in the statement of transactions (Evidence No. 7). When the Defendant supplied the Plaintiff with goods, the Defendant issued the statement of transactions. The above statement of transactions was not only the quantity and the unit price of the goods supplied to the Plaintiff, but also the attempted amount by the day prior to the due date, the total amount of the goods supplied to the Plaintiff, and the attempted amount by the due date. A large number of transaction statements were signed by the Plaintiff or the Plaintiff’s family members, or the Plaintiff’s rubber name plates were affixed to the Plaintiff’s rubber, and the Plaintiff was supplied to the Plaintiff on September 30, 2015, and the Plaintiff was supplied to the Plaintiff on October 16, 2015, and then the Plaintiff was supplied to the Plaintiff on KRW 310,1601.6.