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(영문) 의정부지방법원 고양지원 2018.08.16 2018가단70031

물품대금

Text

1. The defendant shall pay to the plaintiff KRW 10,220,000 and KRW 10,000 among them, from March 23, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is running a restaurant business under the trade name of “C”, and the Defendant is running the business of importing, manufacturing, and wholesale and retailing in the trade name of “C” (hereinafter “Nonindicted Company”) and was closed on July 18, 2016.

B. On January 2016, the Plaintiff and the Defendant agreed to purchase each of the above goods from China and deposited KRW 1,8920,000 out of the above price with the account in the name of Nonparty Company on January 22, 2016, with the Plaintiff’s KRW 13.2 million total market price of KRW 10,700,000,000,000,000,000,000,000,000,000,000,000,000,000 won, and KRW 2,3.55,000,000 (including KRW 13.2,200,000,000,000,000). The Defendant purchased each of the above goods from China as at the time of the purchase of the electronic rental goods from China to KRW 1,892,00,00,00,000.

C. The Defendant was on February 2, 2016 through April 2, 2016.

The 20,000,000 won was paid from the above restaurant after the 20,000 won was consigned to E restaurant, which is the customer, among the plaintiff's products purchased as stated in the paragraph, and the 20,000 won was not paid to the plaintiff.

On February 1, 2016, the Plaintiff lent KRW 2.5 million to the Defendant, KRW 2.5 million on the same month, and KRW 4.5 million on the same month. On May 9, 2016, the Plaintiff wired KRW 9 million to Nonparty Company’s account in the name of Nonparty Company and lent KRW 13.5 million in total to Nonparty Company.

E. The Defendant is entitled to KRW 2 million on May 20, 2016, KRW 1500,000, KRW 3.5 million on July 1, 2016, and KRW 3.5 million on the Plaintiff.

The loan was paid as repayment for the claim loan.

[Ground of recognition] Facts without dispute, Gap's 2, 3 evidence, Eul's 1 evidence, fact-finding results with respect to the same Goyang Tax Office, the purport of the whole pleadings

2. Determination as to the Plaintiff’s loan, consignment sale, and claim for the amount of goods not purchased

A. According to the facts of the judgment on the loan claim 1, the above facts are examined.