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(영문) 서울북부지방법원 2020.09.10 2019가단4783
물품대금
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 6,386,831 to the Plaintiff (Counterclaim Defendant) and its related amount from February 17, 2019 to September 10, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. The Plaintiff is a company engaged in the clothing manufacturing business, etc., and the Defendant is an individual entrepreneur who is supplied with clothing from the Plaintiff in D with the trade name “C”.

B. Upon receipt of an order from the Defendant from around November 2016, the Plaintiff made a transaction in the form of supply of clothing to the Defendant after confirming the details indicated in the above trading schedule with the Defendant, along with the goods ordered to the Defendant store.

C. On February 18, 2019, the Defendant filed a report on the closure of business with respect to a business entity operated by the Defendant.

[Reasons for Recognition] Gap evidence Nos. 3, Eul evidence Nos. 1, 2, 3, and 5 (including paper numbers)

2. Judgment on the plaintiff's main claim

A. The Plaintiff’s assertion 1) began to supply goods to the Defendant from around November 18, 2016, and around April 2018, “E inputs and the Defendant’s funds are separate from the Defendant’s funds.” After receiving a declaration of intention, the Plaintiff’s promise to separate the Defendant from the Defendant to settle the unpaid goods amounting to 24,518,200 won, and the Plaintiff’s promise to be liable for the payment of the said money from April 21, 2018, which began to participate in the transaction, calculated the balance as zero won from April 21, 2018, and started the transaction again. The Plaintiff received KRW 84,181,819 from April 21, 2018 to 05, and the Plaintiff supplied the Defendant with the total amount of KRW 160,000,000,0000 from April 21, 2018 to December 16, 2018.

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