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(영문) 창원지방법원거창지원 2019.01.29 2016가단11412

물품대금

Text

1. The Defendant’s KRW 43,00,000 as well as 5% per annum from April 2, 2015 to January 29, 2019 to the Plaintiff.

Reasons

Basic Facts

The Plaintiff, who is engaged in the sales and repair of agricultural machinery in the name of C, traded with the Defendant from May 16, 201 to April 17, 2015.

On February 5, 2014, the Plaintiff lent KRW 20 million to the Defendant. On July 9, 2014, the Plaintiff agreed that the Defendant will accept KRW 32 million for the Defendant’s middle and high-class compacter while selling for KRW 72.5 million for the patent name CF690GC.

The Defendant, through the account of D, remitted each of the Plaintiff KRW 15 million on July 12, 2014, and KRW 4 million on November 2, 2014 to the Plaintiff via the account of D, etc., and paid each of the KRW 1.5 million on August 20, 2014 with the credit card of the Defendant and the branch, KRW 3.6 million on August 20, 2014, KRW 5 million on September 2, 2014, and KRW 2.7 million on October 13, 2014, respectively.

On April 1, 2015, the Defendant has an outstanding credit amount of KRW 43 million to the Plaintiff.

The “instant certificate” was prepared and issued by the Plaintiff, and on the same day, the Plaintiff prepared a receipt stating that “the total sum of the compcom and the mechanical repair cost 43 million won” to the Defendant (hereinafter “the instant receipt”). On August 25, 2015, the Plaintiff filed a complaint with the Gohap Police Station as a fraud against the Defendant. On September 14, 2015, the Plaintiff was aware that, at the time of the preparation of the instant certificate and the receipt during the investigation into the instant case, E, who was present at the time of the preparation of the instant certificate and the receipt, made a promise to pay at any time up to 43 million won due to the lack of the amount between the Plaintiff and the Defendant.

On December 30, 2015, the Defendant stated that “The amount of KRW 20 million borrowed from February 5, 2014 to the Plaintiff was not repaid,” and that “the remainder, excluding the total amount of KRW 31,80,000,000,000,000,000,000 for the compact amount of KRW 43,000,000,000,000, was paid in cash, and the receipt was not received.” However, at the time, the Plaintiff denied all the above allegations by the Defendant.

A detailed statement of credit payment submitted by the Plaintiff at the time of the complaint.