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(영문) 광주지방법원 2017.10.13 2016가단505191

물품대금

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, a company that produces and sells materials related to electrical construction, supplied the former equipment and materials to the Defendant, a company engaged in the electricity construction business from March 2010 to August 2013.

B. The Plaintiff filed an application against the Defendant for the payment order for the amount of unpaid goods with the Gwangju District Court 2014 tea3581, and the Seoul Seocho-gu Ctel 803 was provisionally seized by the above court 2014Kadan2694.

C. While the Defendant raised an objection on the above payment order and the case was pending in Gwangju District Court 2014Kadan37267 (hereinafter “instant prior suit”), the instant prior suit was withdrawn on July 3, 2015 due to the Plaintiff’s failure to appear twice at the date of pleading, and the Plaintiff voluntarily withdrawn the said provisional attachment application.

2. The parties' assertion

A. Plaintiff 1) at the Defendant’s request, supplied electric materials to the Defendant from March 2010 to August 2013, 2013, and paid a part of the price and unpaid the remainder. The details of the Plaintiff’s supply of goods and the payment of the price by the Defendant are as shown in the attached Table. 2) If the Defendant’s details of the unpaid payment are specifically stated, the payment in the attached Table Nos. 30,31 cannot be recognized as payment for the Plaintiff’s representative director, not for the Plaintiff’s representative director.

Therefore, the Defendant still bears the Plaintiff’s obligation to pay the price for the goods [Attachment 31] to KRW 23,265,00 [Attachment 17,30,000 [Attachment 30] [Attachment 5,965,000 [Attachment 31]]. According to the attached Table, the Defendant is deemed to have paid KRW 1,63,717 to the Plaintiff. Thus, the Defendant is obligated to pay the remainder of KRW 21,631,283 after deducting it, and delay damages therefrom.

B. Defendant 1 filed an application with the Gwangju District Court for a payment order seeking payment of KRW 152,45,870 against Doo, a limited liability company other than the instant prior suit, as the Gwangju District Court Decision 2014 tea3582, supra. Defendant 1 raised an objection against the said court.