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Reasons
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(영문) 창원지방법원 2017.02.09 2015가단81504
물품대금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was from October 201 to the Defendant, and the Plaintiff supplied meat to the Defendant. On May 18, 2012, the Plaintiff settled the entirety of the land price before the Plaintiff’s allegation.

From May 18, 2012 to August 12, 2013, the Plaintiff supplied meat of KRW 310,432,164, and received KRW 111,176,114 from the Defendant.

Therefore, the defendant is obligated to pay the remainder of the land price to the plaintiff 199,256,050 won and damages for delay.

2. As to the Plaintiff’s assertion, it is difficult to believe that the Plaintiff supplied 310,432,164 won from May 18, 2012 to August 12, 2013, and whether the price for the land remains, in light of health care, the statement of No. 1, 2, and 4 as well as the witness B’s testimony, which seems consistent with the Plaintiff’s assertion, is difficult to believe in light of the following circumstances acknowledged by the testimony of Gap, No. 5, No. 1 through 12, and the witness C and D’s testimony, and there is no evidence to acknowledge the Plaintiff’s assertion otherwise.

① The Plaintiff sold Chinese friendship, etc. to the Defendant, while the Defendant sold even Chinese friendship to the Plaintiff.

② On July 24, 2013, the Plaintiff settled the mutual credit payment between the Defendant and the Defendant on the basis of the transaction until June 14, 2013. The Plaintiff’s obligation to the Defendant was confirmed as KRW 46,738,550, and the Defendant’s obligation to the Plaintiff was 30,193,90, and agreed to set off on an equal amount.

Accordingly, the Plaintiff agreed to pay 16,54,650 won to the Defendant.

③ Since then, the Defendant ordered the Plaintiff to process rice with raw material meat omitted in the course of the above settlement. Accordingly, on August 12, 2013, the Plaintiff processed and supplied rice with the Defendant 5,957,60 won of the above processing cost.

Then, the Plaintiff agreed to set off the above processing costs against the Defendant’s obligation to the Defendant as KRW 10,587,050, and accordingly, paid KRW 10,600,000 to the Defendant on January 3, 2014.

(4)

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