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(영문) 의정부지방법원 2020.11.11 2019가단100349

물품대금

Text

1. As to KRW 87,623,262 and KRW 58,937,517 among the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant) from July 1, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The Plaintiff is an individual entrepreneur engaged in wholesale and retail business, such as lectures, piping materials, shipbuilding machinery, etc., with the trade name of “D,” and the Defendant is a corporation with the purpose of steel, distribution, lease, etc.

On June 2017, the Plaintiff commenced the transaction of goods, such as pipes, at the request of the Defendant’s actual operator and in-house director C (the spouse of the Defendant representative E), and continued the transaction until May 2018.

Details of tax invoices issued by the Plaintiff under a goods transaction contract concluded with the Defendant are as listed below:

(hereinafter referred to as "each of the instant goods transaction agreements". From 2017-06-9 21,300,000 23,430,430,734 2,142,074 207-310-314, 54, 2078-318, 4239, 420, 4205, 2068, 420, 207, 208-41, 207, 2075, 207, 305, 207, 207, 205, 306, 207, 205, 206, 306, 420, 420, 420, 567, 207, 205, 306, 57, 207, 405, 257, 2075

[Grounds for recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 3, 6, 8, and 10 (including a serial number), and the fact-finding as to the claim for judgment as to the claim for judgment as to the whole purport of the pleadings, barring any special circumstance, the defendant is obligated to pay the plaintiff the balance not paid out of the price for the goods under each of the goods transaction contracts of this case (=264,711,258 - 176,163,996). Meanwhile, the plaintiff must deduct the transportation cost to be borne by the plaintiff from the price for the goods on the ground that the defendant paid the transportation cost of KRW 924,00 on behalf of the plaintiff (the defendant does not express any objection thereto). Thus, barring any special circumstance.