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(영문) 서울동부지방법원 2016.07.08 2016나20789

물품대금

Text

1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at the wholesale business of alcoholic beverages.

In Gangnam-gu Seoul, the Defendant operated a mutual warning point of "C" in Gangnam-gu.

B. The Defendant was supplied with alcoholic beverages from the Plaintiff, and settled the price one to two times each month.

C. As the Defendant closed down the said light shop, on June 1, 2015, the Defendant returned alcoholic beverages equivalent to KRW 36,200 to the Plaintiff, and demanded the settlement of the liquor price.

The Defendant paid KRW 636,200 to the Plaintiff on June 8, 2015, as confirmed by the employee in charge of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. As alleged and determined, the Plaintiff asserts that the Defendant did not pay KRW 2,000,000 out of the price for alcoholic beverages supplied by the end of May, 2015, and sought the payment thereof.

The written evidence Nos. 1 and 3 alone is insufficient to acknowledge the plaintiff's assertion, and there is no other evidence to acknowledge it.

The plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed as it is without merit, and the judgment of the court of first instance with different conclusions is unfair, and the plaintiff's claim is dismissed. It is so decided as per Disposition.