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(영문) 대구지방법원 2019.06.20 2017가합208670
물품대금
Text

1. Defendant (Counterclaim Plaintiff) B: (a) KRW 24,841,325 against the Plaintiff (Counterclaim Defendant) and its related amount from February 3, 2014 to June 20, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation that processes, distributes, sells, etc. agricultural products.

While the husband of the plaintiff's representative member D sold all kinds of funerals, such as a f's trade name, a funeral, etc., on August 2, 2006, the plaintiff had established and operated the plaintiff on August 2, 2006, and the plaintiff acquired the above businesses of E.

Defendant B entered into a supply contract with E from around 1998 to purchase the goods produced by E;

From August 2, 2006, the Plaintiff continued to engage in the above goods transaction (hereinafter collectively referred to as “instant contract”) between the Plaintiff and Defendant B and the Plaintiff (hereinafter referred to as “Defendant B and the Plaintiff”). B.

At the request of Defendant B, the Plaintiff supplied the goods to Defendant B or its customers, and issued a transaction list indicating the details of the goods delivered on the day to Defendant B, their price, and the amount of outstanding goods up to that time.

Defendant B signed the above transaction list in writing and accepted goods from the Plaintiff.

C. As of September 14, 2013, the outstanding amount of goods between the Plaintiff and the Defendant B was KRW 44,841,325 in total, and thereafter, Defendant B traded in cash by paying the price for the goods taken over on the day to the Plaintiff and acquiring goods from the Plaintiff.

Accordingly, the phrase “prepaid money” on the trading list dated February 2, 2014, which was last prepared between the Plaintiff and the Defendant B, is indicated as KRW 44,841,325.

On January 20, 2017, the Plaintiff entered into an agency contract for the sale of goods between Defendant B and his wife, and the Defendant paid KRW 100 million to the Plaintiff. However, the remainder of the deposit excluding KRW 5 million was not paid, and the said KRW 5 million was appropriated for the repayment of the goods payment obligation. The Defendants up to January 20, 2017.

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