beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The gist of the Plaintiff’s assertion was from August 2, 2013 to August 23, 2013, upon the Defendant’s request for the supply of food materials, the Plaintiff supplied food materials to D’s hotel, container, and food room operated by the Defendant (hereinafter “instant workplace”).
As seen above, the Defendant is the operating entity of the instant business and the party to the instant supply contract, as seen below in KRW 56,989,900 as the price for the above food materials. The account statement and tax invoice at issue in this case are three. The Plaintiff asserts that the money relating to the tax invoice at October 29, 2013 was already paid (see, e.g., preparatory documents, etc. submitted by the Plaintiff on November 13, 2015), and that the remainder of the tax invoice and tax invoice on December 31, 2013 are sought.
However, while reducing a claim from the third date for pleading in the first instance trial, the Plaintiff filed a claim for the amount on the tax invoice, including KRW 37,389,900 on October 29, 2013 and KRW 19,600,000 on December 31, 2013. Although the Defendant was served with the reference document as of March 31, 2015, pointing this out, the Plaintiff is deemed to have filed a claim for the said amount as is, and thus, it is deemed to have filed a claim for the said amount.
There is an obligation to pay damages for delay.
In addition, even though the Plaintiff and the Defendant are not parties to the above food materials supply contract, the Defendant agreed to pay the above money to the Plaintiff around September 7, 2013, when the return of part of the food materials was carried out, or around December 31, 2013, the tax invoice for the supply of the food materials was issued by the Plaintiff. Thus, the Defendant is obliged to pay the said money to the Plaintiff.
2. On October 29, 2013, the total amount of supply value of the supplier supplied on the date of issuance to the Plaintiff (mutual C) Defendant 3,990,818 won 3,399,082 won 37,389,900 won on December 31, 2013 (mutual C) Defendant 17,818,182 won on December 31, 2013, and KRW 19,60,000 on December 31, 2013 (mutual C) Defendant 32.