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(영문) 제주지방법원 2018.06.19 2017가단3405

물품대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 2012, the Plaintiff and the Defendant engaged in the wholesale and retail business of sports products, and entered into a contract for the supply (sale) of golf products (hereinafter “instant contract”). Accordingly, the Plaintiff supplied the Defendant with golf products from around the date of entering into the said contract to August 2014.

B. The Plaintiff and the Defendant decided to terminate the transaction under the instant contract around August 2014, and the Defendant returned part of the existing golf products supplied by the Plaintiff to the Plaintiff.

C. On November 8, 2014, the Plaintiff sent computerized data on past transaction details, such as the quantity and unit price of golf products supplied under the instant contract (No. 2-1-3) to the Defendant.

The Defendant: (a) deemed that the descriptions on the computerized data received from the Plaintiff do not coincide with the actual transaction details; (b) based on the computerized data and the specification of transaction, etc., the Defendant prepared a settlement statement of transaction (Evidence A No. 4); and (c) prepared the settlement documents (Evidence B) based on the aforementioned data, etc. after the instant lawsuit was filed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including evidence with a serial number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that the golf products were supplied to the Defendant under the instant contract, but thereafter, the Defendant expressed his intention to terminate the contract and requested the settlement of the price of the goods.

Accordingly, the Plaintiff stated 154,626,00 won (the sales amount of KRW 574,690,123 - the returned amount of KRW 135,904,152 - the paid amount of KRW 284,159,500 (the Plaintiff stated the amount paid in the instant complaint as KRW 290,530,623), which appears to be erroneous in the above amount.

) claim the payment of any and any damages for delay.

B. Determination 1 must be settled with respect to the instant contract.