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(영문) 인천지방법원 2016.09.21 2015나60429

물품대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. By November 2013, the Plaintiff supplied the Defendant with household goods, sanitary supplies, etc.

B. By May 3, 2013, the amount that the Defendant failed to pay to the Plaintiff is KRW 15,833,004, and the Plaintiff paid KRW 25,330,655 to the Defendant on July 23, 2013 as the special sales incentive. The Defendant returned KRW 25,330,65 to the Plaintiff on the same day as it is, and the Defendant returned KRW 25,330,65 to the Plaintiff, 15,83,004 out of the said KRW 25,330,65, as it is, was appropriated for the attempted amount until May 3, 2013.

C. On December 23, 2013, the Defendant returned goods equivalent to KRW 794,480 to the Plaintiff.

Meanwhile, from July 17, 2013 to March 11, 2014, the Plaintiff’s employee A supplied goods worth KRW 31,212,673 in total on seven occasions to B other than the Defendant, and fabricated a statement of transaction as if it were supplied to the Defendant, and appropriated it by receiving money from B.

E. The Plaintiff issued a transaction statement on the remaining cases, except seven occasions recognized that A was useful. This is identical to the entry in the annexed transaction statement, and the part for which the Defendant’s signature is not confirmed from the transaction statement is identical to the recorded transaction statement. The Defendant paid to the Plaintiff the same amount as the Defendant’s repayment statement.

[Ground for Recognition - Facts without dispute, Gap evidence 1 through 12, Eul evidence 1, the purport of the whole pleadings]

2. Determination

A. The Plaintiff asserted that: (a) from May 10, 2013 to November 30, 2013, the Plaintiff supplied the Defendant with household items, sanitary supplies, etc. equivalent to KRW 410,020,952 as indicated in the separate sheet; (b) the Defendant paid KRW 391,95,681 as indicated in the separate sheet, including the settlement amount for KRW 15,83,000, until May 3, 2013; and (c) returned goods equivalent to KRW 794,480, as indicated in the separate sheet.

Therefore, the defendant is liable to pay to the plaintiff 3,063,795 won [410,020,952 won - (391,95,681 won - 15,83,004 won] - 794,480 won.

B. The defendant's assertion is as shown in the separate sheet from the plaintiff.