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(영문) 창원지방법원마산지원 2016.04.27 2015가단10014
물품대금
Text

1. Defendant B’s 21,700,000 won and the interest rate of 15% per annum from January 19, 2016 to the date of full payment.

Reasons

1. Claim against the defendant B

A. On October 2007, the Plaintiff agreed to be supplied to toys by the Defendants, and paid KRW 28,680,350 as the price for the goods, but received only KRW 500,000 as the price for the goods.

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant C

A. The Plaintiff asserted that around October 2007, the Plaintiff agreed to be supplied to toys by the Defendants and paid KRW 28,680,350 as the price for the goods, and that Defendant C only used the deposit account in his/her name and did not conclude a toy supply contract between the Plaintiff and the Plaintiff.

B. Therefore, the Plaintiff deposited KRW 1,198,00 in the deposit account in Defendant C’s name on June 4, 2007. At the time, the Defendants at the time were not in dispute between the parties, or may be recognized by the purport of the entire entries and arguments as to the evidence Nos. 1 and 2. However, it is insufficient to acknowledge that the Plaintiff entered into a toy supply contract with Defendant C solely on such circumstance and the statement of evidence Nos. 1 and 4, as alleged by the Plaintiff, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s above assertion is without merit.

C. Thus, the plaintiff's claim against the defendant C is dismissed as it is without merit.

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