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(영문) 인천지방법원 2019.01.17 2018가단14105
물품대금등
Text

1. The Defendant’s KRW 97,958,400 for the Plaintiff and KRW 6% per annum from March 11, 2018 to April 12, 2018.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) supplied the Plaintiff with food materials equivalent to KRW 345,520,20 from June 2015 to January 2018, the Defendant paid KRW 258,894,300, and recognized KRW 11,332,50 as the price of the goods around May 2015 after converting the goods into the deposit. As such, the Defendant is obligated to pay KRW 97,958,400 ( KRW 345,520,200-258,894,30,332,50) to the Plaintiff as the price of the goods of KRW 11,32,50 around May 2015, and the amount of the goods of KRW 275,717,200,201,209,200 as the price of the goods of KRW 11,332,500,00,000.

B. 1) The Plaintiff is a person who supplies food materials with the trade name of “D”, and the Defendant is a person who operates a wedding hall and a business trip cover, with the trade name of “E” and “F.” 2) The Plaintiff receives a written agreement from the Defendant to the Defendant that “from May 1, 2015 to May 31, 2015, the Plaintiff provided the Defendant with food materials equivalent to KRW 11,332,50 (F 7,102,000 E 4,230,500) and written a written confirmation of the balance thereof from the Defendant, and on June 23, 2015, entered into an agreement with the Defendant that “from May 1, 2015 to May 31, 2015,” and that “from June 1, 2015 to June 31, 2015.”

3) From June 2, 2015 to January 23, 2018, the Plaintiff supplied the Defendant with food materials equivalent to KRW 345,520,20 (E 314,843,100, F 30,677,100) and prepared a trading specification thereof, and indicated the transaction amount and the balance on the same day, and received the signature of the Defendant’s employee in the column for acceptance. [No evidence Nos. 1 through 4, A, 8, 9, and the purport of the entire pleadings are as follows.]

C. The judgment of the defendant is sought from the plaintiff as the payment date of the last supply date of KRW 97,958,400 (258,894,300, the price of food materials was 345,520,200, the price of the food materials was 258,894,300, the price of which was 11,332,500) and the plaintiff.

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