(영문) 의정부지방법원 2019.08.22 2018나5967

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.08.22 2018나5967

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the wholesale and retail business of food materials, and the Defendant is a company that manufactures and sells food and beverages, and engages in wholesale and retail business.

B. From November 2017 to February 2018, the Plaintiff supplied 36,937,248 won to the stores affiliated with the Defendant (Seoul Special Metropolitan City Nowon-gu Branch; hereinafter “instant store”), and received reimbursement of KRW 23,144,064 out of the price of the goods.

[Ground of recognition] Facts without dispute, entry of Gap 1-5 evidence (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The assertion and judgment

A. The summary of the parties' assertion 1) The plaintiff entered into a goods supply contract with the defendant and supplied the goods as above. The defendant is obligated to pay the remaining goods to the plaintiff. 2) The defendant did not enter into a goods supply contract with the plaintiff. The parties who entered into a goods supply contract with the plaintiff are co-defendant C and D of the first instance court entrusted with the operation of the store of this case by the defendant.

Therefore, the defendant cannot respond to the plaintiff's request.

B. In light of the following facts and circumstances, which are acknowledged by comprehensively taking account of the overall purport of the arguments, including the following facts and circumstances, namely, the Plaintiff issued an electronic tax invoice to the Defendant regarding the supply of the above goods, and the Defendant appears to have failed to raise any objection despite being issued the tax invoice; the Defendant remitted part of the price for the goods to the Plaintiff at the time of the repayment to the Plaintiff; and the Defendant did not submit a written reply at the first instance court, it is reasonable to deem the Defendant to have entered into the contract with the Plaintiff as the Defendant.

Therefore, the Defendant and the Defendant, as sought by the Plaintiff, shall pay the remaining amount of KRW 13,793,184 (=36,937,248 - 23,144,064).

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