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(영문) 대전지방법원 2020.07.23 2018나119085
물품대금
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. Basic facts

A. The Defendant is an individual entrepreneur who runs meat packaging business, etc. under the trade name of “C,” and the Plaintiff is a company that supplies and processes so-called meat, and D is a person who takes charge of the business affairs, such as the purchase of cattle, sales of meat, etc., securing of customers, management, and promotion of deposits while serving as the Plaintiff’s business leader.

B. From February 3, 2016 to December 29, 2017, the Plaintiff continuously traded livestock products, such as fat, to the Defendant. The transaction was conducted by the Defendant in a way that the Plaintiff supplied fats to the Defendant on credit in accordance with the Defendant’s order if the fats were supplied first to the Defendant on credit.

[Reasons for Recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 8, 9, 11 through 14 (including paper numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff supplied each of the instant transactions (hereinafter “each of the instant transactions”) to the Defendant with a reasonable amount of KRW 5,55,400 on November 29, 2017, and KRW 12,142,00 on November 30, 2017, and KRW 3,455,100 on December 6, 2017, may be recognized either as having no dispute between the parties, or as having supplied the Defendant with a reasonable amount of KRW 3,45,10 on December 6, 2017 (hereinafter “each of the instant transactions”), either by either Party’s evidence Nos. 1, 2, 3 (including the serial number), A evidence No. 4-1, and 2’s evidence No. 4-2 and all of the pleadings.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the total amount of KRW 21,152,50 (i.e., KRW 5,55,400 (= KRW 12,142,45,100) and damages for delay arising from each of the instant transactions.

B. The defendant's defense 1) The defendant's assertion of the defendant 1) paid all the price of the goods that the plaintiff asserted to be unpaid to the one bank account in his name (hereinafter "D account") according to D's instruction. Since D's overall control over the plaintiff's business has the right to receive payment as the plaintiff's representative, the amount that the defendant paid to D is effective as a repayment to the plaintiff.

Even if there is no right to receive performance against D.

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