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(영문) 서울중앙지방법원 2015.10.30 2014가합595831
물품대금
Text

1. The primary Defendant Dae Young-gu Co., Ltd. is the Plaintiff KRW 316,293,123 and the Plaintiff’s primary Defendant Co., Ltd. from January 9, 2015.

Reasons

Facts of recognition

The plaintiff is a company developing and supplying pesticides, etc. and mainly engaged in the business of selling pesticides to agricultural chemical wholesalers or market wholesalers on a national scale.

Defendant Dae Young Agriculture Co., Ltd. (hereinafter “Defendant Dae Young Agriculture”) is a company established for the purpose of agrochemical and seed sale, etc., and Defendant A is a person who sells agrochemicals, etc. in the trade name of “C” after retirement from office in the Plaintiff’s branch office B.

From around 2011, the Plaintiff entered into a commodity supply contract with Defendant Dae Young-gu Agriculture and supplied agricultural chemicals, and has received the payment from the former.

By December 31, 2013 between the Plaintiff and Defendant Dae Young Agriculture, the details of transactions and the details of payment under the above commodity supply contract are as indicated in the attached Form sales ledger. The amount of the outstanding debt to the Plaintiff of the Defendant Tae Young Farming Business as of December 31, 2013 is KRW 316,293,123.

On the other hand, the defendant Dae Young-gu, asserting that he paid the outstanding amount to the plaintiff in full around January 2013, he did not pay the outstanding amount.

[Based on the fact that there is no dispute, Gap's evidence Nos. 1 through 6, 10 through 13, 23, and 24, and the purport of the entire argument as to the plaintiff's main claim for damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 9, 2015 to the date of complete payment as requested by the plaintiff, barring any special circumstance.

As to the determination on the assertion of the Defendant Dae Young Farming Business, from January 3, 2012 to January 2, 2013, Defendant Dae Young Agriculture deposited KRW 311,339,00 in total as stated in the following deposit statement to the Plaintiff, and as to KRW 25,50,000 in clives, the Plaintiff’s business member D against the Plaintiff on January 2, 2013.

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