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(영문) 울산지방법원양산시법원 2017.11.02 2017가단49

청구이의

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 is a person who runs a construction business under the trade name “C” in Yangsan-si, and the Defendant is a company that manufactures steel products and engages in wholesale and retail business in Yangsan-si 35-2, Yangsan-si.

B. From January 2015 to September 2015, the Defendant filed a lawsuit claiming the purchase price of goods with the Ulsan District Court 2016Ga6259, Ulsan District Court 2016, on the ground that the Plaintiff supplied only part of the goods to the Plaintiff, and the Plaintiff did not repay KRW 17,269,815.

C. On December 12, 2016, the said court rendered a decision of performance recommendation to the effect that “the Plaintiff shall pay to the Defendant KRW 17,269,815, and any delay damages therefor,” and the certified copy of the said decision of performance recommendation was served on May 18, 2017, and became final and conclusive on June 2, 2017.

[Reasons for Recognition: Facts without dispute, Gap evidence 3, 4, the purport of the whole pleadings]

2. The summary of the Plaintiff’s assertion and the Defendant did not have concluded a contract for goods supply.

(1) The Plaintiff asserted to the effect that “The Plaintiff was supplied with goods equivalent to KRW 73,617,115 from the Defendant, and agreed to pay only KRW 70,211,284 with the Defendant, and did not make any transaction thereafter,” but the Plaintiff’s assertion was subsequently changed as above. 3. The Plaintiff’s assertion was made on January 13, 2015: (a) the Defendant supplied goods equivalent to KRW 118,32,59 from January 13, 2015 to September 17, 2015; (b) the Defendant supplied goods equivalent to KRW 17,269,815 won to the Plaintiff; and (c) the Plaintiff did not receive the price for the goods from the Plaintiff; and (d) the Plaintiff’s assertion that the Plaintiff failed to pay the price for each of subparagraph 3-1, 3-2, and 4, respectively.

4. The plaintiff's claim is without merit.