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Reasons
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(영문) 의정부지방법원고양지원 2016.06.02 2015가단18544
물품대금
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1. The Defendants are jointly and severally liable to the Plaintiff.

(a) deliver all the articles listed in the separate sheet;

(b) 8,443,325 won and .

Reasons

1. The parties' assertion

A. The Plaintiff’s primary assertion that the Defendants sold the goods listed in the separate sheet to the Defendants, but the Defendants did not pay KRW 55,00,000,000 for the goods, thereby cancelling a sales contract and seeking the return of the said goods. If the Defendant, as alleged by the Defendant, keeps the goods of this case for the purpose of securing a loan to the Plaintiff, the Defendant’s claim against the Plaintiff was set off against the Plaintiff’s claim for damages incurred due to the transaction of imported high L CD, and thus, the Defendant

In addition, the Defendants agreed to pay to the Plaintiff the settlement amount of KRW 44,453,30,00, among which the Defendants paid KRW 40,000,000, and the remaining KRW 4,453,330, and the Plaintiff paid KRW 3,989,95 instead of the Defendants in relation to the import transaction. As such, the Defendants are obligated to pay the Plaintiff the transportation fee of KRW 8,443,325 (=the aforementioned unpaid amount of KRW 4,453,30,00).

B. Preliminary assertion by the Plaintiff, if the Defendants could not return the goods listed in the separate sheet to the Plaintiff, the Defendants should be paid the total of KRW 5,000,000 and KRW 8,443,325, as well as KRW 63,443,325.

C. As to the Defendants’ assertion, the Defendants acknowledged that the Plaintiff paid KRW 3,989,95 on or around November 13, 2014, instead of the Defendants, the Defendants paid KRW 3,989,95 on or around the same day. However, the items indicated in the separate sheet are not purchased by the Defendants, but leased KRW 130,000 to the Plaintiff, and there exist KRW 100,000 out of the above loans. Therefore, there is no obligation to return the items listed in the separate sheet or to pay KRW 55,00,000 as the price for the goods.

In addition, the Defendants did not agree to pay the remaining 44,453,330 won after deducting the above loans from the Plaintiff with respect to the transactions of the import of middle-L CDs.

The issue is the defendant C's.

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