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(영문) 부산지방법원 동부지원 2018.06.21 2016가단215501
물품대금
Text

1. The Defendant’s KRW 34,955,38 as well as 6% per annum from December 8, 2016 to June 21, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who manufactures and sells bread and fruits in the name of "D" in Busan Shipping Daegu C, and Nonparty E is a person who manufactures and sells bread, etc. in the name of "F" as the Plaintiff's spouse.

B. The defendant is a company with the purpose of coffee, alteration, wholesale and retail business, resting food business, etc. in Gangnam-gu Seoul Metropolitan Government G building and the second floor (transfer to H and second floor in Dongdaemun-gu, Seoul during the proceedings in this case).

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff supplied the Defendant a total of KRW 453,466,69, etc. from December 2, 2014 to September 2016. Since the Defendant did not repay KRW 34,95,338, the Plaintiff was obligated to pay the amount.

B. As from January 2015, the Plaintiff and the Defendant: (a) decided to bear the Defendant’s capital; (b) to exclusively take charge of the Plaintiff’s production and supply business; and (c) to distribute profits after deducting all expenses and taxes to 5:5; and (d) to settle the partnership business around September 2016; and (b) to terminate the partnership business around September 2016. The Plaintiff’s settlement of the Plaintiff’s first-point interior cost of KRW 52,050,00,00 and the mutual usage fee of KRW 84,050,00,00 for used machines purchased at the Defendant’s expense at the store; and (b) to pay KRW 31,30,00,00 for the Plaintiff’s settlement of accounts to the Defendant, even if it is not recognized that the partnership business relationship between the Plaintiff and the Defendant is not recognized, the Plaintiff’s supply price of KRW 142,426,30,00, not for the Plaintiff’s wife, but for KRW 31031,104,306.

Plaintiff

Even according to the assertion itself, if the amount of KRW 414,773,212 paid by the defendant is deducted, the defendant is not required to pay the additional amount.

In addition, the defendant's first-point test cost, second-hand machinery cost, and mutual use.

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