(영문) 전주지방법원정읍지원 2019.01.08 2018가단976

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(영문) 전주지방법원정읍지원 2019.01.08 2018가단976

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 45,978,00 and the interest rate of KRW 15% per annum from May 12, 2018 to the date of complete payment.

Reasons

Basic Facts

The Plaintiff is a partnership corporation established for the purpose of producing seedlings, wholesale and retail business, etc., and the Defendant entered into a contract for the sale and purchase of seedlings with the Simmbling farmer and then sells the boxes.

The Plaintiff supplied 12 persons, such as C, D, E, etc. (hereinafter “the instant farmer”) with the Defendant as indicated in the attached Table, with a total of KRW 75,978,00 (hereinafter “the instant mother”) between May 201 and July 2017.

The Defendant paid to the Plaintiff KRW 20,000,000,000 on September 20, 2017, and KRW 15,00,00 on December 15, 2017.

[Ground of recognition] The facts without dispute, Gap's evidence Nos. 1 through 3 (including a branch number; hereinafter the same shall apply) and the purport of the whole pleading are asserted by the plaintiff as to the purport of the argument of the plaintiff as to the mother of this case. Since the plaintiff entered into a sales contract for the mother of this case with the defendant and supplied the mother of this case at the defendant's request, the defendant is obligated to pay to the plaintiff as a party to the sales contract for the mother of this case 45,978,000 won (=75,978,000 won - 10,000 won for the mother of this case).

The summary of the Defendant’s assertion is that the Defendant entered into a sales contract with the instant farmer and the instant mother, but did not enter into a sales contract with the Plaintiff for the instant mother. Since the Defendant did not guarantee the Defendant’s mother’s obligation for the instant mother mother’s payment, the Defendant did not have any obligation to pay the Plaintiff the remainder of the instant mother’s payment.

Judgment

In full view of the following circumstances, the Plaintiff concluded a sales contract with the Defendant on the mother of this case, taking into account the evidence mentioned above as well as the evidence set forth in Gap evidence Nos. 4 through 10, and Eul evidence No. 1 as well as the overall purport of the pleadings.

The defendant is about 40% of the mother's price of this case.

유사 판례

-창원지방법원진주지원 2015.08.12 2015가단30127

-전주지방법원 2016.01.18 2014나10208

-광주지방법원 순천지원 2017.01.12 2016가합12503

-대구지방법원 2015.09.25 2015나300439

-전주지방법원 2017.10.19 2016나9820