beta
(영문) 서울서부지방법원 2015.05.11 2014가단28797

매매대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff runs a new wholesale business in the name of Jongno-gu Seoul Metropolitan Government C shopping district in 326, and the Defendant runs a new wholesale business in the name of “F” in 143 of the E building.

B. From April 2012, the Plaintiff engaged in a transaction by selling a new product to the Defendant from around April 2012, and by having the buyer deliver the product directly to the Defendant upon receipt of a request for purchase from the buyer while keeping the new product in the Defendant’s warehouse.

C. During that period, the Plaintiff filed a criminal complaint against the Defendant on the charge of injury and was convicted of summary indictment on October 10, 2012 (the Plaintiff received a decision of dismissal of prosecution upon the Plaintiff’s request for formal trial). After that, the Plaintiff filed a criminal complaint against the Defendant’s embezzlement of KRW 1,410 sufficient 9,045,000, which was entrusted with custody by the Plaintiff on June 9, 2012, and the Defendant received a decision of non-prosecution on the ground that there was insufficient evidence on March 14, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 6-1, 2, Eul evidence 1-1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant did not pay to the plaintiff 2,050 won (=13,167,500 won) including the total of KRW 13,167,500 out of the price of new orders supplied by the plaintiff and the total of KRW 8,883,500 from the price of new orders sold at will entrusted by the plaintiff (= KRW 13,167,500). Thus, the defendant is liable to pay the plaintiff 22,050,50 won and damages for delay.

B. In light of the reasoning of the judgment, the Plaintiff’s above assertion is insufficient to acknowledge only with the descriptions of evidence Nos. 1, 2, 3-1, 2, 4-1, 2, 5-1 through 10, and 6-1 through 10, as shown in the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

3. Conclusion.