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(영문) 청주지방법원충주지원 2014.07.02 2013가단4664
물품대금
Text

1. The Defendant’s KRW 36,909,110 as well as the Plaintiff’s annual rate from May 11, 2013 to July 2, 2014.

Reasons

1. Basic facts

A. The Plaintiff raised and processed chickens and supplied it to the Defendant from May 31, 2012 to September 11, 2012.

(hereinafter referred to as the “instant supply contract”) b.

The defendant conducted franchise business in the name of "Bain" and supplied the chickens supplied by the plaintiff to the defendant's franchise store.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (if available, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to each of the above evidence, the Plaintiff supplied a chickens to the Defendant from May 31, 2012 to September 11, 2012, according to the instant supply contract, and the outstanding amount was 38,108,500, and the Plaintiff’s affiliate company supplied it to the Defendant during the period from June 22, 2012 to August 31, 2012, and transferred the outstanding amount of KRW 5,69,400 to the Plaintiff on March 1, 2013. Accordingly, the Defendant asserted that, barring special circumstances, it should pay the Plaintiff the total amount of KRW 43,777,90,00 (=38,500,000 +600,000) to the Defendant, and that the Defendant should pay the Plaintiff the remaining amount of KRW 365,00,000,000,000,000 to the Plaintiff.

However, the evidence submitted by the Plaintiff alone is used when it is delivered to the Defendant by the so-called So-called “Cheong-gu” corporation at the time of discontinuance of the transaction under the instant supply contract.

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