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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. The Plaintiff is engaged in the business of selling food materials for agricultural products under the trade name of “B”.
B. From March 2014 to September 16, 2014, the Plaintiff supplied food materials, such as garry and culatory, to the Plaintiff. The Plaintiff’s attempted money was KRW 52,250,575 on September 16, 2014 on the ledger of the pertinent transaction partners.
(A) there is a dispute as to who the other party to the contract for the supply of the above goods is the party to the contract.
The Plaintiff was paid KRW 10 million from the Defendant’s side on October 15, 2014, and KRW 3 million on October 31, 2014.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff supplied the goods to the Defendant according to the goods supply contract with the Defendant. As such, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 39,250,575 (i.e., the attempted amount of KRW 52,250,575 - the already paid amount of KRW 13,00,000) and damages for delay.
B. Defendant 1) The place where the Plaintiff received food materials from the Plaintiff refers to “D” operated by C, and the Defendant did not directly receive the said goods from the Plaintiff. 2) Even if the Defendant is a party to the instant goods supply contract, the Defendant already paid KRW 4,000,000 to the Plaintiff on September 5, 2014.
In addition, 23,120,000 won should be deducted from the unpaid price that the defendant should pay to the plaintiff, or the amount equivalent to the defendant's damages due to the defect in the goods supplied by the plaintiff.
Specific details are as follows:
The defendant 2,520,00 won (=2,200,000 won x March) paid by the defendant to the Dispute Resolution Co., Ltd., due to defects in food materials supplied by the plaintiff 2 from June 2014 to September 15, 2014, which was agreed to be borne by the plaintiff 1 to September 15, 2014, 2,520,000 won.