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1. The defendant shall pay to the plaintiff KRW 58,146,620 as well as the interest rate from the day following the day this judgment becomes final and conclusive to the day of full payment.
Reasons
1. The gist of the cause of the Plaintiff’s claim is the cause of the instant claim. ① The Plaintiff supplied beerers, etc. to the Defendant, and KRW 23,146,620, and ② the Plaintiff lent KRW 35 million to the Defendant on July 11, 2014, and ③ upon the Defendant’s request, the Plaintiff supplied beerers and beers to A and B, etc., for whom the Defendant was paid the lower amount of KRW 42,554,160, and thus, the Plaintiff claimed payment of KRW 100,70,780 in total.
2. Since the defendant is the person who is obligated to pay the above amount of goods and the loan amount of KRW 23,146,620, and KRW 35,500,000,000 for the loan, this part of the plaintiff's claim is justified.
3. Determination as to the claim for the amount of KRW 42,554,160 for the bend group and bend group
A. In full view of the purport of the entire pleadings as to Gap evidence 4, Gap evidence 5, Gap evidence 10-1, 2, and Gap evidence 15, the plaintiff's provision of materials such as beerer's raw materials and bomer's 42,554,160 won to the processing company Gap and Eul, etc. is recognized, and there is no counter-proof.
B. However, in order to claim the price of the above goods against the defendant, the above goods must be purchased by the defendant, i.e., the defendant's order to purchase the above goods, and the fact that the delivery place was designated as a processing enterprise A or B, etc. However, it is not sufficient to acknowledge the above goods merely by the descriptions of Gap's No. 4, Gap's No. 5, Gap's No. 9, Gap's No. 10-1, No. 2, and Gap's No. 11 and No. 15, and there is no other evidence
C. Therefore, it cannot be readily concluded that the defendant is obligated to pay the price for the goods such as the above main body and branch office. Thus, the plaintiff's claim for this part based on this premise cannot be accepted.
4. According to the conclusion, the Defendant’s total amount of KRW 58,146,620 ( KRW 23,1466,620) and the Plaintiff’s total amount of loans for the said beer goods and loans ( KRW 35 million).