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(영문) 서울중앙지방법원 2015.07.08 2014나16479

물품대금

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. Basic facts

A. The Plaintiff is a company that runs the wholesale business of golf products, and the Defendant is a person who runs the wholesale and retail business of sports products with the trade name “B”.

B. From March 19, 2008 to December 2012, the Plaintiff supplied the Defendant with golf products, such as golf bonds, and the Defendant sold the golf products supplied from the Plaintiff, paid the supply value determined by the Plaintiff among them, and the golf products that the Defendant did not sell were traded in the form of returning to the Plaintiff.

On February 20, 2013, the Defendant returned the golf products that were not sold to the Plaintiff and terminated the transaction with the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 3-1 to 3

6.2. The Party’s assertion

A. The Plaintiff’s assertion (1) If the Plaintiff excluded the golf products returned on February 20, 2013 from the golf products supplied to the Defendant, the final attempted amount reaches KRW 11,155,000.

(2) Of the transaction books of the Plaintiff employee (hereinafter “the instant transaction books”), the Plaintiff’s employees were supplied to C on September 30, 2008 (hereinafter “the instant transaction books”) with KRW 4,830,00 on September 30, 2008, KRW 1,100,000 on October 1, 2008, KRW 340,000 on October 3, 2008, and KRW 11,70,000 on December 16, 208 (hereinafter “the instant transaction details”) were supplied by the Plaintiff under the Defendant’s guarantee, and there was no receipt or return of the transaction prices. Therefore, the Defendant is liable to pay the said prices.

(3) Unclaimed money arising from the transactional relationship between the plaintiff and the defendant is extinguished from the time when the transaction relationship between the plaintiff and the defendant is terminated. The extinctive prescription was interrupted as to the above attempted money.

B. The Defendant’s assertion (1) purchased golf loans from the Plaintiff from March 2008 to March 2012, and paid the purchase price in full.

Nevertheless, the plaintiff is included in the content of the goods sold to other business operators with the defendant.