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(영문) 수원지방법원안산지원 2016.06.24 2015가단107151
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 47,614,050 and the interest rate of KRW 15% per annum from June 19, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. In the name of “C”, the Plaintiff, who is engaged in freezing fishery products wholesale, retail business, etc., supplied fishery products to the “F” entertainment restaurant in the name of “E” located in the Seoan-gu, Seoan-gu, Seoan-gu, Seoul Special Metropolitan City.

B. The Defendant’s husband G entered into a cooperative project operation agreement with the piracy on January 19, 2012, and carried on photographing and additional services in the above marriage hall operated by the piracy.

C. On March 19, 2015, the Defendant entered into a contract for the facilities and rights to the above marriage hall (referring to a contract under which the Defendant wishes to lease and operate all the facilities, etc. of the above marriage hall without compensation) with the piracy, and on March 20, 2015, the Defendant started to operate the above F F F F F F covered restaurant after completing business registration with the trade name “F”.

In the past, the defendant had been running the business by using the trade name, signboards, facilities, employees, goods transaction places, etc. of the Flux restaurant operated by the Sea Plux, and the plaintiff continued to supply fishery products to the Flux restaurant operated by the defendant.

E. The Plaintiff issued a transaction statement stating the items and amount of the fishery products supplied to the Defendant, and the Defendant’s side, upon receipt of the said statement, signed by the husband G with his husband who had substantially operated the Flute restaurant, and each transaction statement was written in the “the balance” column.

F. On May 7, 2015, the Plaintiff and the Defendant traded the last fishery products, and the balance of the outstanding amount for fishery products is KRW 47,614,050.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, evidence Nos. 6 through 8, Eul evidence Nos. 1, 4 and 5, the purport of the whole pleadings

2. Determination

A. Determination as to the cause of the claim

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