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(영문) 서울서부지방법원 2015.06.05 2014가단14132
물품대금
Text

1. The Defendant’s KRW 27,101,680 among the Plaintiff and KRW 25,851,280 among the Plaintiff, shall be KRW 1,250,400 from February 11, 2014.

Reasons

The fact that the Plaintiff, who runs the liquor wholesale business, has transacted with the Defendant, who runs the entertainment tavern business, supplying alcoholic beverages from September 2003, is not a dispute between the parties concerned.

On August 11, 2014, the Plaintiff asserts that the balance of alcoholic beverage prices is KRW 27,101,680.

In this regard, the defendant asserts that there is no balance of alcoholic beverage payments by paying the amount in excess of the actual liquor price.

In full view of the purport of the pleadings as a result of Gap 1 through 3 (Expert C's written appraisal of the whole arguments, each authenticity is recognized), Gap 5 and Eul 1's order to submit financial transaction information to each of the above branch offices and cooking agricultural cooperatives, the defendant opened a deposit account on January 14, 2008 for the payment of alcoholic beverages to the plaintiff, issued a cash card and debit card with the same day to the plaintiff. ② If the defendant deposits alcoholic beverages into the above account, the plaintiff collected alcoholic beverages from the above account using the above debit card function, and the details thereof are stated in the plaintiff's head of the sales office. ③ Meanwhile, the plaintiff deposited money irrelevant to the defendant to the above account in order to raise the ratio of the use of the alcoholic beverage card, and the plaintiff immediately withdrawn the same amount by the method of paying alcoholic beverages by using the above liquor card, and ④ as of February 27, 2012, the defendant signed the account statement with the plaintiff's head of sales office and signed the above amount to the plaintiff's sales account statement.

Comprehensively taking account of the above facts, as of August 11, 2014, the balance of the liquor price to the plaintiff of the defendant is KRW 27,101,680.

From January 26, 2008 to October 22, 2012, the Defendant is also liable to pay the total of KRW 43,065,00,00, not reflected in the Plaintiff’s Director of the Sales Office.

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