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(영문) 대구지방법원김천지원 2015.07.01 2015가단690

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion is a legal entity that runs the business of extracting and selling aggregate in the Gu and the Defendant is a person who runs the business of selling aggregate under the trade name of “E” in the Gu and the Gu and the Gu.

As of April 16, 2013, the Plaintiff was not paid KRW 83,803,200 for aggregate from the Defendant as of April 16, 2013. As such, the Defendant is obligated to pay the Plaintiff the price of goods, KRW 83,803,200, and delay damages.

2. According to the purport of each of the statements and arguments in Gap evidence Nos. 1 through 6 (including each number, if any), the plaintiff supplied aggregate amounting to KRW 136,165,700 in total to the defendant from February 2, 2012 to October 2012, it is recognized that the defendant paid all of the above goods to the defendant's business director's account; the defendant made a deposit sheet in the plaintiff's name to the defendant after receiving the above goods from the defendant.

According to this, since the defendant paid all the price of goods to the plaintiff to the plaintiff, the amount of goods unpaid as of April 16, 2013 remains.

In regard to this, the Plaintiff asserted that the Defendant was erroneous in paying the price of the instant goods to F’s account, rather than the Plaintiff’s name account. However, in full view of the following circumstances acknowledged based on the aforementioned grounds for recognition, namely, F was in charge of business and collection as the Defendant’s business director; the Defendant received the deposit slip in the Plaintiff’s name with the Plaintiff’s seal affixed when paying the price of the goods; and F appears to have paid part of the price of the instant goods received from the Defendant, it is difficult to deem that the circumstance alleged by the Plaintiff was negligent in paying the price of the goods; and there is no other evidence to acknowledge

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.