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(영문) 수원지방법원안양지원 2015.04.30 2014가단18429

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. On January 13, 2014, the Plaintiff’s judgment on the cause of the claim was paid KRW 262,515,000 (including value-added tax) to the Defendant on or before January 13, 2014, and there is no dispute between the parties. The Plaintiff is obligated to pay the Plaintiff the remainder of the price of goods, KRW 50,500 as the price for the goods, and KRW 29,760,50 on September 28, 2012, and KRW 29,760,50 on January 15, 2014, and KRW 72,000,000 on January 17, 2014, barring any other special circumstances. Thus, the Defendant is obligated to pay the Plaintiff the remainder of the price for goods, KRW 50,754,500, and damages for delay.

B. The Defendant’s assertion 1) argues that the Defendant paid the above goods to A upon the Plaintiff’s request, and that the Defendant paid the above goods to A. 2,754,50 won out of the remainder of the goods price of KRW 152,50,000 up to the time of January 8, 2014 to the Defendant as at the time of the Plaintiff’s argument, comprehensively taking account of the overall purport of the pleadings, the Defendant’s assertion that: (a) the Plaintiff issued a promissory note with the Plaintiff as at January 17, 2014; and (b) the Defendant received the said promissory note after receiving endorsement from the Plaintiff; and (c) the Defendant paid KRW 122,760,50,000 to A as at the time of January 3, 2014 to the Defendant; and (c) the Defendant’s assertion that the said promissory note was completed after receiving endorsement from the Plaintiff.

2. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.