(영문) 대전지방법원 2015.04.24 2014나7160 | 리걸엔진

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Reasons

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(영문) 대전지방법원 2015.04.24 2014나7160

물품대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs, which orders payment below, shall be revoked.

Reasons

1. Basic facts

A. The deceased A (hereinafter “the deceased”) is a merchant who runs the wholesale business such as ice ice ice ice and J agency in the name of “I” and “J agency in the Jin-si. The Defendant is a company that operates Smarket in the name of “M” in the Siljin-si K (hereinafter “Defendant’s headquarters”) and Siljin-si L (hereinafter “Defendant Eup branch”).

B. From April 14, 2009 to September 29, 2012, the Deceased supplied ices to the head office of the Defendant, and from May 19, 201 to October 15, 2012, the Defendant Eup/Myeon from May 19, 201 to October 15, 2012. According to sales slips prepared by the Deceased, the value of the goods supplied by the Deceased to the head office of the Defendant as of September 29, 2012 is KRW 31,139,63, and the balance of the goods supplied by the Deceased to the head office of the Defendant as of October 15, 2012, is KRW 40,328,334.

C. Meanwhile, on November 1, 2012, the Defendant repaid KRW 30 million among the goods supplied to Defendant’s head office and KRW 24 million among the goods supplied to Defendant’s head office and the goods supplied to Defendant’s head office. On December 31, 2012, the Defendant repaid KRW 4.95 million among the goods supplied to Defendant’s head office.

The Deceased died on October 18, 2013 and succeeded to the rights and duties of the Deceased C, D, E, and F, the wife of the Plaintiff B, E, and F.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Gap evidence Nos. 6 through 8, Gap evidence Nos. 10 and 11, and the purport of the whole pleadings

2. The following circumstances, which are acknowledged based on the above basic facts as to the cause of the claim and the statement No. 13 of the evidence No. 13, are based on the overall purport of the pleadings, namely, ① the transaction process of the deceased and the defendant’s ice and the defendant’s ice delivery, N,O, etc., who are employees of the deceased, enter the type, quantity, unit price and sales of the ice supplied to the defendant each transaction, and the balance including the balance before the transaction

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