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(영문) 수원지방법원안양지원 2017.04.14 2015가단18952
물품대금
Text

1. The Defendant’s KRW 71,212,00 for the Plaintiff and KRW 6% per annum from December 17, 2013 to September 9, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who supplies a slive factoring (hereinafter “live factoring”) with the trade name B, and was supplied a total of KRW 166,212,00 to the Defendant, a business operator who sells sanitary supplies, etc. from November 11, 2013 to December 16, 2013.

B. Around that time, the Defendant received a delivery of a live factoring from the Plaintiff, using it, produced a 71,212,000 won out of the above live factoring price to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant is obligated to pay 71,212,000 won for the unpaid goods and delay damages to the plaintiff, barring special circumstances.

B. Determination 1 on the Defendant’s assertion 1) The parties who concluded a supply contract with the alleged Plaintiff on the important facts, are more Bableno-si Co., Ltd. (hereinafter “Nonindicted Company”) than the Defendant.

As such, the Defendant does not have the obligation to pay the price for the goods unpaid to the Plaintiff. 2) The fact that Nonparty Company paid KRW 95 million to the Plaintiff out of the live factoring supplied by the Plaintiff to the Defendant is not a dispute between the parties.

However, the following circumstances, which can be known by adding the whole purport of pleadings to the statements in Gap evidence 1, 2, and Eul evidence 3 and witness Eul's testimony, are supplied by the plaintiff, that is, the defendant, after being supplied with an important factoring from the plaintiff, manufactured a single sprink for women in the name of "D" (hereinafter "D") and sold it exclusively to the non-party company, and the Japanese chip Co., Ltd. (hereinafter "Japan chip") supplied a sp from the non-party company and sold it during the market. The plaintiff, defendant, and the non-party company, as distributor, arranged the transaction of the non-party company, and C, as above.

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