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(영문) 서울중앙지방법원 2018.04.25 2016가단5246599
물품대금
Text

1. The Plaintiff:

A. Defendant A’s representation of KRW 33,584,00 and Ghana on October 28, 2016.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition are as follows: (a) on April 6, 2016, the same month; (b) on May 14, 2016; and (c) on May 27, 2016, Defendant A received an amount equivalent to KRW 33,584,00 in total of the supply values of Canada sold by the Plaintiff, as described in paragraph (1) of the attached Table of Sale of Goods; and (c) on April 18, 2016 and May 6, 2016, Defendant CM Global Korea (hereinafter “Defendant Company”) received from each of the Plaintiff’s business employees KRW 44,290,00 in total of the supply values of Canada and Bara sold by the Plaintiff as described in paragraph (2) of the same list.

(hereinafter referred to as "goods supplied by Defendant A" and all or any of the products supplied by Defendant Company A shall be referred to as "the goods of this case"). 【The grounds for recognition: Facts of no dispute, Gap's 1, 2, 5, Eul's 3, Eul's 8, and the purport of the whole pleadings and arguments】

B. (1) According to the above facts of recognition, the defendants can be ratified as having purchased the goods of this case from the plaintiff.

Therefore, barring special circumstances, Defendant A is obligated to pay to the Plaintiff the amount of KRW 33,584,00, the Defendant Company’s amount of KRW 44,290,000, and the amount of delay delay damages for KRW 40,00.

(2) The Defendants asserted as to the Defendants’ assertion that the Plaintiff was not a party to the instant goods supply contract, or that the supply contract was concluded at a lower price than the price that the Plaintiff again purchased after the Defendants bought the instant goods at a low price using a gift certificate in the marina, and that the Defendants believed that B purchased the instant goods at a lower price than the price sold by the Plaintiff.

In addition to the whole purport of the pleadings in the statement Nos. 2, 2, 2, and 5 of this case, the defendants transferred money that does not coincide with the value of supply of the goods of this case to B other than the plaintiff at the time of supply of the goods of this case.

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