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(영문) 인천지방법원 2015.12.18 2015가단27568

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 13,706,00 with full payment from February 13, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that manufactures and sells equipment, water treatment chemicals, etc. used in the fisheries cultivation place, and the Defendant is a person who operates a new fish plantation in Incheon-gun C.

B. Since the Plaintiff supplied BIO2, a water treatment disinfection agent on May 21, 2014, the Plaintiff supplied various goods for aquaculture.

C. Around August 29, 2014, the Plaintiff supplied the Defendant with one strawas (hereinafter “instant medicine”), and the Defendant distributed the instant medicine to one strawas.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, witness D's testimony, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff asserted that the Plaintiff supplied the Defendant with the product amounting to KRW 13,706,00,000, including the instant medicine, etc., but the Defendant asserted that only received the product amounting to KRW 8,760,00, signed by the Defendant by issuing a detailed statement of transaction (Evidence 2).

B. In full view of the following circumstances acknowledged by the above facts finding as to the cause of the claim and the purport of Gap evidence Nos. 1, 2, 6, and 23 (including serial numbers), the sum of supplied amounts under Gap evidence Nos. 1, 2, 6, and 23 (including serial numbers), namely, the Plaintiff’s statement of transaction (hereinafter “the instant statement of transaction”) submitted by the Plaintiff was 13,706,000, and the transaction statement (Evidence No. 2) in which the Defendant was the party to the transaction (Evidence No. 2) did not state the details of the instant medicine that the Defendant recognized to have been supplied. The Defendant sold goods to the Plaintiff’s representative director E and the Plaintiff’s attorney, “the Defendant, by deceiving the Defendant, sold goods of KRW 13,706,00,000, and the Defendant did not pay the price, thereby filing a complaint against attempted fraud.” In full view of the above facts, the Plaintiff’s counterclaim to submit the Plaintiff was premised on the existence of KRW 13,706,000.