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1. Defendant C’s KRW 15,004,717 as well as 5% per annum from October 30, 2015 to February 14, 2017 to the Plaintiff.
Reasons
1. Determination as to the claim against Defendant C
A. In full view of the purport of Gap evidence Nos. 4-1 to 4 of the judgment as to the cause of the claim and the entire arguments, the plaintiff can be acknowledged that the defendant C, who has completed business registration with the trade name of "D, supplied agricultural products, such as 4,58,962,204 won through 4,58,962,204 won from 209 to 2012. Meanwhile, the plaintiff was paid 4,23,109,967 won out of the price of the above goods by the above defendant (hereinafter "paid amount 1").
Therefore, Defendant C, barring any special circumstance, has the obligation to pay to the Plaintiff the remaining amount of KRW 365,852,237 (=4,58,962,204 - 4,223,109,967) and damages for delay.
B. The defendant C asserts that the amount of the respondent 1 is generally based on the content deposited in the above defendant's account under the name of the plaintiff, and that the above defendant's payment is not reflected in the above account, but exceeds the above amount of the goods if the above defendant paid directly to the plaintiff's employees, etc. without paying it to the plaintiff's account. Thus, the above defendant's goods payment against the plaintiff was fully paid.
In full view of the Plaintiff’s evidence Nos. 6-2, 11-1, 2-2, 3-2 of the evidence Nos. 6-2, and 3-2 of the evidence Nos. 2, 3-2 of the witness E’s testimony and the overall purport of the pleadings, Defendant C paid KRW 171,736,720 on April 6, 201, and 131,180,40 on February 13, 2012 to the Plaintiff’s customer director, but the account in the Plaintiff’s name is not reflected in the payment details. The above Defendant paid KRW 30,00 to E who worked as the vice president of the Plaintiff company from October 2009 to February 2, 2013, the fact that the Defendant received KRW 30,000 on February 10, 201, and the fact that the Defendant paid KRW 30,400 on deposit money to the Plaintiff’s managing staff.
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