(영문) 서울서부지방법원 2015.01.22 2014가단14538

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Reasons

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(영문) 서울서부지방법원 2015.01.22 2014가단14538

물품대금

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1. The Defendant’s KRW 24,579,315 as well as 6% per annum from April 11, 2014 to January 22, 2015 to the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion has supplied books to the Defendant from around April 2004. Since the settlement of accounts with the Defendant of KRW 6,408,515 as of April 3, 2008, the amount of outstanding claims has not been paid by the Defendant until January 27, 2014 (the total value of KRW 14,543,185 and the amount of KRW 60,000,000 deducted from the amount of total value of KRW 144,543,185 and the amount of KRW 6,40,515 as of April 3, 2008, the Defendant is obligated to pay the outstanding amount of KRW 42,406,30 and damages for delay.

B. The Defendant’s assertion was prepared by the Plaintiff on September 30, 2009, and confirmed that the amount to be paid to the Defendant was KRW 17,726,485, which was returned in excess of the Plaintiff or paid for goods (Evidence A-3) by the Defendant and the Defendant. As such, the settlement was made as above, the Defendant’s account book prior to September 30, 2009 did not need to be kept and discarded. The Defendant’s transaction continued until January 27, 2014, did not have to pay to the Plaintiff any goods that the Defendant would have to pay to the Plaintiff, and instead, the amount returned or paid in excess of the amount should be returned from the Plaintiff.

2. Determination:

A. The Plaintiff bears the burden of proof as to the book that the Plaintiff supplied the Defendant with the burden of proof, and as to the amount that the Defendant returned to the Plaintiff, the Defendant bears the burden of proof as to the book.

B. (1) A’s statement (1) 5-3 of the certificate of No. 5-3 (the plaintiff asserts that the certificate of No. 5-3 (the certificate of supplementary assistance) was forged, but not only the form used by the plaintiff but also the form of the certificate of comparison of the above book is the form used by the plaintiff. C’s “The certificate of comparison of the above book” is written on the top of the trading ledger delivered by facsimile from the defendant to the defendant (the certificate No. 5-1, No. 5-2, and No. 6).

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