beta
Text
1. The Defendant’s KRW 179,473,425 for the Plaintiff and KRW 6% per annum from January 1, 2018 to May 11, 2018.
Reasons
1. Basic facts
A. The Plaintiff is a stock company that manufactures and sells refined fertilizers, etc., and the Defendant is a person who runs a wholesale and retail business of fertilizers with the trade name “D” from Gyeongcheon-gun, Chungcheongnam-do.
B. On July 2013, the Plaintiff and the Defendant directly supplied fertilizers to the Defendant and paid the price for the fertilizers that the Defendant supplied to the Plaintiff (hereinafter “marketing method”), and when a farmer recommended to purchase files an application for purchase to the E-cooperative with respect to the fertilizers produced by the Plaintiff, the Plaintiff paid a certain amount of fee to the Defendant. If a farmer, who purchased the fertilizers supplied by the Plaintiff through the E cooperative, fails to pay the fertilizer to the E association, the Defendant entered into a continuous commodity supply contract (hereinafter “the instant contract”) with the terms and conditions that the farmer is liable to guarantee the payment of the fertilizer (hereinafter “the system of transaction”).
C. The Plaintiff supplied fertilizers to the Defendant in the method of market sale from July 30, 2013 to December 31, 2017, or supplied fertilizers in the method of a system transaction to the E Union that received an application for purchase from a farmer upon the Defendant’s recommendation.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 6, and 9, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion 1) The Plaintiff did not receive an amount equivalent to KRW 225,858,305 from the Defendant, out of the fertilizer price supplied to the Defendant by December 31, 2017 under the instant contract by the method of market sale or the network transaction method.
B) On March 7, 2018, the Defendant paid KRW 41,767,30 to the FF Cooperative on behalf of the Plaintiff on March 7, 2018 (C) the Plaintiff paid KRW 1,912,680, and KRW 2,704,90 as of December 22, 2017, and the Defendant paid the Defendant KRW 179,473,425 (=25,858,305), which deducts the amount of subrogated payment, commission, and transportation from the amount of unpaid fertilizer.)