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(영문) 창원지방법원 2015.04.30 2014나32162
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the joint plate manufacturing business, etc. under the trade name of H, and the Defendant is a person engaged in the sales business, etc. of bathing machinery, equipment, etc. under the trade name of I.

B. On January 3, 2012, the Defendant entered into an agreement with F to the effect that “(i) F uses K warehouses and forced performance charges and fines after 2012, while F uses J warehouses, and (ii) imposes compulsory performance charges and fines after 2013, respectively.

C.F leased the above warehouse and machinery, and registered the place of business of the manufacturing company of the clothes of the “L” in the name of G, and substantially operated the said warehouse and machinery.

On March 12, 2012, AC General Construction Co., Ltd. entered into a subcontract with the “L” and the “L” with respect to the sacker construction among the e hotel remodeling works, with respect to the contract price of KRW 80,828,00 and the construction period from April 20, 2012 to May 20, 2012.

E. Meanwhile, around December 31, 2012, the Plaintiff issued a tax invoice equivalent to KRW 22 million to the Defendant, and the Defendant remitted KRW 3 million to C on January 3, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 5, 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion: (a) around September 2012, the Plaintiff supplied a joint plate to the Defendant via C; and (b) as of September 25, 2012, the Defendant’s obligation to pay the price for the goods unpaid to the Defendant was KRW 22,993,50; and (c) the Defendant is obligated to pay the price for the goods unpaid and the damages for delay.

3. We examine the judgment of this Court, and around September 2012, the plaintiff 22,93 to the defendant.

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