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(영문) 춘천지방법원 2017.02.10 2016나51372

매매대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. According to the statement of transaction in the form of the account book prepared by the Plaintiff (Evidence A 1, 2, hereinafter “instant account book”), the Plaintiff asserts that the Defendant is obligated to pay the amount of KRW 4,545,000, as it did not pay the amount of KRW 4,545,00. Accordingly, the Defendant asserted that the portion of KRW 8,645,00 (=9,100 + 9500) out of the amount of September 15, 2013 transaction prepared by the Plaintiff is to be stated as KRW 864,50 (=910 + 9500) in the form of the account book (=910 + 9500), or is to be written mistakenly or falsely, and that the amount of KRW 520,000,00 on September 22, 2013 was also written erroneously, and that the Plaintiff did not claim the amount of KRW 8,500,000,00.

2. According to the purport of Gap evidence Nos. 1, 2, 4, and 5 and all pleadings, the defendant is deemed to have received goods equivalent to the same quantity and value as the entries in the account book of this case from the plaintiff.

① At each time, the Plaintiff entered the instant book in the time of the transaction, and accordingly, issued the tax invoice. On the other hand, the Defendant asserted that part of the instant book was erroneous, but did not provide any explanation as to the amount supplied by the Defendant, and the amount of gambling and the amount of deposits calculated accordingly.

② As alleged by the Defendant, if the amount of gambling volume 910 is written in 9,100 and the amount calculated by mistake is calculated accordingly, the Defendant paid more than KRW 165,00 on September 17, 2013. The amount exceeding KRW 4,835,00 upon deposit of KRW 5 million. The Defendant paid more than KRW 4,835,00 on September 21, 2013, and paid more than KRW 5,985,00 by depositing more than KRW 4 million, even though there was no money for gambling to be additionally paid on September 21, 2013.