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(영문) 춘천지방법원속초지원 2017.08.22 2016가단2903

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 and judgment

A. The Plaintiff asserted that the Plaintiff supplied the Defendant a total of KRW 56,040,120 from February 26, 2007 to January 25, 2016.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 37,220,120,120 (=56,040,120 - 11,770,000 - 50,000 - 50,000 - 50,000 - 5,000,000 - delay damages.)

① From February 28, 2010 to December 20, 2015, KRW 11,770,000 for the language, etc. supplied by the Defendant to the Plaintiff ② Total amount of KRW 2,00,000 for the cash that the Defendant paid to the Plaintiff several times, ③ KRW 50,000 for the Defendant’s deposit into the Plaintiff’s account on September 10, 2016 ④ KRW 5,00,000 for the Defendant’s deposit into the Plaintiff’s wife’s account on September 21, 2016

B. As alleged above, as to whether the Plaintiff supplied the Defendant with a total of KRW 56,040,120, etc., the health class, Gap evidence Nos. 1 and 2 (including the provisional number) cannot be trusted as it is by the account books unilaterally prepared by the Plaintiff without obtaining confirmation from the Defendant, and there is no other evidence to prove that the Plaintiff supplied the Defendant with a total of KRW 56,040,120, etc.

Therefore, we cannot accept the plaintiff's above argument.

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