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(영문) 창원지방법원 2018.01.11 2016가단113064
물품대금
Text

1. The Defendant’s KRW 20,613,079 for the Plaintiff and KRW 6% per annum from July 30, 2016 to January 11, 2018.

Reasons

1. Basic facts

A. The Plaintiff is running business with the trade name of “E”, such as painting of automobile parts, and the Defendant is running the business of manufacturing automobile parts.

B. From May 31, 201 to May 29, 2014, the Plaintiff supplied automobile parts, etc. to the Defendant by treating and washing the metal surface.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. The Plaintiff asserted that the Plaintiff supplied automobile parts, etc. to the Defendant from November 2013 to May 29, 2014 through metal surface treatment and cleaning. The Plaintiff sought payment of KRW 32,965,275 in total from November 2013 to May 2014 (= KRW 6,009,269,269 in total from February 2014 to May 2014) of KRW 32,769,69,69,69, and KRW 18,739,163 in total from February 2014 to May 2014).

3. Determination

A. The evidence submitted by the Plaintiff on the part of the claim for the payment of goods from November 2013 to January 2014 is insufficient to recognize that the Plaintiff supplied the Defendant with the amount equivalent to KRW 5,220,000 for the month and December 11, 2013 and KRW 6,009,269 for January 2014. The Plaintiff’s assertion on this part is not acceptable, and there is no other evidence to acknowledge it.

B. The following circumstances are comprehensively taken into account the claims for the payment of goods from February 2, 2014 to May 2014 and the overall purport of each statement and pleading from Gap evidence 1 to 154, and the defendant also has a documentary evidence of the same content as Gap evidence 3-1 to 154, and the defendant also has a documentary evidence of the same content as the documentary evidence of each of the above written evidence; ② although the "entry in", which is the sub-items of the above written evidence, is a disturbance, among the above written evidence, the defendant raised no objection against the plaintiff on the ground that the defendant did not bring in the goods from May 30, 2014 to May 11, 2017, which is the date of the final entry of each written evidence of this case. ③ The defendant did not raise any objection against the plaintiff.

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