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(영문) 부산지방법원 2015.11.19 2014가단89184

운송료 등

Text

1. Defendant B: (a) paid KRW 17,720,000 to the Plaintiff (Counterclaim Defendant) and the year from January 8, 2015 to November 19, 2015.

Reasons

When the Plaintiff purchased agricultural products from mountainous districts, the Defendants received the goods and sold them at auction and paid the price and the transport fee to the Plaintiff.

However, the Defendants did not pay KRW 10 million out of the amount of goods and transport charges related to goods supplied by the Plaintiff.

On May 9, 2012, the Plaintiff loaned KRW 20 million to the Defendants, and agreed to pay KRW 25 million in total as principal and interest KRW 5 million for 100 days.

The Defendants paid only KRW 8920,00,000 among them.

Defendant B did not pay the Plaintiff the purchase price of the goods claimed by Defendant B, and rather, the Plaintiff provided Defendant B with strawed so that the Plaintiff incurred a loss equivalent to KRW 10 million.

It is true that Defendant B’s assertion as to a claim for a loan was made to pay interest of KRW 5 million when he/she received an investment in the business on the one hand from the Plaintiff. However, the present value of the loan did not vary due to the decline in the value.

However, the amount that Defendant B failed to pay is only KRW 7.20,000.

Defendant C did not know the Plaintiff, and did not engage in the transaction of goods or the transaction of borrowed money with the Plaintiff, and only the Plaintiff traded with Defendant B, his father.

Although there is no transactional relationship with the Plaintiff, Defendant C, who is the cause of the counterclaim, filed a criminal complaint with Defendant C and brought the instant lawsuit, thereby suffering from extreme mental distress, and thus, the Plaintiff is obligated to pay consolation money of KRW 20 million to Defendant C.

In the event that the Plaintiff purchased agricultural products from March 2012 to September 2013, 2013, the Plaintiff sold the agricultural products in the mountainous district to Defendant C or D and then paid the purchase price, transportation fee, etc. to the Plaintiff.