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(영문) 의정부지방법원 2019.05.21 2018나5875

물품대금

Text

1. Of the judgment of the court of first instance, KRW 4,468,00 against the Plaintiff and the Plaintiff regarding this, from November 8, 2017 to May 21, 2019.

Reasons

1. The parties' assertion

A. From May 9, 2012 to March 11, 2013, the Plaintiff supplied 32,348,000 won in total to the Defendant, and the Defendant paid 23,00,000 won in total on four occasions in the per share sheet among the above goods. As such, the Defendant is obligated to pay 9,348,000 won in total and delay damages for the amount unpaid to the Plaintiff.

B. As to the transaction with the Defendant, the Defendant paid the Plaintiff the total amount of KRW 38,00,000 per share, KRW 19,000,000 in total, and KRW 57,00,00 in total, and KRW 57,00,00 in total, up to March 22, 2013.

2. Determination on the cause of the claim

A. The following facts or circumstances of the facts of the recognition do not conflict between the parties, or may be acknowledged by comprehensively considering the overall purport of the pleadings in the descriptions of Gap evidence Nos. 1 to 3, 5, 6, Eul evidence No. 1, Eul evidence No. 2-1 to 7, Eul evidence No. 3-1 to 4, Eul evidence Nos. 4 to 6, and 8 through 13, and no other counter-proof exists.

(1) From July 201, the Plaintiff worked as the head of the agency at the D agency operated by C from around July 201, and was actually in charge of the supply of the main equipment to the Defendant, etc. In addition, from May 9, 2012, the Plaintiff started the supply transaction of the main equipment with the Defendant, etc. in parallel with the aforementioned transaction by C.

Since then C has discontinued its operation on September 20, 2012, and thereafter, until March 11, 2013, the Plaintiff made a transaction with the Defendant alone.

(2) A evidence No. 1 submitted as a specification of transactions between the Plaintiff and the Defendant included the details of transactions from May 9, 2012 to March 11, 2013, and each deposit amount of KRW 7,000,000 on June 1, 2012, KRW 6,000,000 on July 4, 2012, KRW 6,000,000 on August 5, 2012, KRW 4,000,000 on October 12, 2012, and KRW 1,00,000 on November 9, 2012.

(3) The evidence Nos. 5 and No. 2 written in Gap’s tables submitted with the details of transactions between the defendant and C are as follows: < Amended by Presidential Decree No. 23148, Jul. 15, 2011; Presidential Decree No. 23748, Sep. 20