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1. The defendant's appeal is dismissed.
2. The costs of appeal are assessed against the defendant.
Purport of claim and appeal
1..
Reasons
1. Determination on the cause of the claim
A. In full view of the overall purport of the pleadings as to the Plaintiff’s claim, the Plaintiff’s allegation Nos. 1 and 2, and Nos. 6, and the entire purport of the pleadings is acknowledged on April 20, 2012 that the Plaintiff supplied the Defendant with frozen meat, etc. (hereinafter “instant livestock products”).
Therefore, the defendant is obligated to pay to the plaintiff 10,708,900 won of the livestock product price of this case and interest in arrears.
B. As to the Defendant’s assertion 1, the Defendant supplied the instant livestock products to the place of “B”, and the said “B” paid the price to the LAB, and thereafter, the LAB transferred this price to the LAB account in the name of “C” and D arbitrarily consumed it. Thus, the Defendant cannot be deemed to have received the instant livestock products from the Plaintiff.
According to the overall purport of the statements and arguments stated in Nos. 1, 2, 6, and 7-3 of the evidence Nos. 1, 7-7, the fact that E, an employee of “B, received the instant livestock products on April 12, 2012, and the fact that the amount of KRW 9,500,000 from D, was remitted to C’s account in the name of his/her father-market on April 12, 2012.
However, considering the overall purport of the arguments in Gap evidence 6, Eul evidence 2, Eul evidence 3-2, Eul evidence 3-3, and testimony of the witness witness F of the trial, as a whole, in the process of preparing for the meat processing and selling business in the name of "F, D, and G", ① as the name of "H" has become difficult to grant loans in the name of "B", the loan was received from the defendant as a business entity and some of them were provided to the defendant as the defendant's actual manager and provided as the remainder for their own business funds. ② The defendant transferred the location of the head office on April 2, 2012 for the above loan to Busan Y and the first floor, and changed the location of the business to the above address on April 10, 2012, and changed to livestock products wholesale and retail.