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Reasons
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(영문) 광주지방법원 2016.11.08 2016가단505979
물품대금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 3, 2001, the Defendant filed a report on the closure of business on July 10, 201, after completing business registration with respect to the restaurant in the trade name “D” located in Gwangju-dong-gu, Gwangju (hereinafter “instant restaurant”).

B. The Plaintiff supplied originals, etc. to the instant restaurant. As of July 16, 2014, the amount of attempted money supplied to the instant restaurant reaches KRW 125,306,000.

[Ground of recognition] Evidence No. 1, No. 1, No. 1, and the purport of the whole pleadings

2. On July 16, 2014, the Plaintiff asserted that the Defendant claimed for the payment of KRW 125,306,000 for attempted money as of July 16, 2014, and damages for delay thereof, the Defendant had operated the instant restaurant led by E before and after the divorce with E, and the Plaintiff was paid at least KRW 300 million when he supplied the original food, etc. to the instant restaurant even after July 2014, which was after the Defendant left the restaurant. The Defendant asserts that the amount of attempted money remaining at the time of the closure of the business shall be deemed to have already been paid.

3. Judgment on the argument

A. The Defendant married on March 20, 2003 and divorced on April 3, 2015. As to the instant restaurant operated by E prior to marriage, the instant restaurant was operated in the instant restaurant since its business registration was registered under the name of the Defendant on August 3, 2001. (2) The Defendant sent away from June 30, 2014 to the instant restaurant, and did not go to the instant restaurant, and the Defendant completed the report on the closure of business on July 10, 2014.

3) Even after the Defendant did not leave the restaurant of this case, the Plaintiff continued to deliver the original, etc. and confirmed the Defendant’s absence, and obtained E’s signature on the transaction account book (Evidence A No. 1) stating the attempted amount as of July 15, 2014 as of July 15, 2014, on which the Defendant entered KRW 128,306,000 (Evidence A). Meanwhile, the Plaintiff was the price for supply, and the same month.

4. 600,000 won, and the same month;

9. received reimbursement of KRW 2,100,000, and KRW 3,000,000 on the 16th of the same month.

5 E E E F. H. F.

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