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(영문) 대전고등법원 2016.03.25 2015나13230
대여금 및 물품대금 지급청구의소
Text

1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. Determination as to the cause of claim

A. From 2010 to 2010, the Plaintiff and the Defendant confirmed that, as of January 31, 2014, as of December 31, 2013, the Plaintiff and the Defendant, who traded goods and services, are liable for payment of KRW 2,109,687,710 to the Plaintiff.

Accordingly, the Defendant paid KRW 2,109,687,710 to the Plaintiff in installments, and the Defendant paid KRW 200,000,000 up to February 2, 2014, KRW 200,000,000 up to March 2014, and KRW 200,000,000 up to April 2014, and the remainder due date shall be determined later, and where the Defendant delays the payment of each of the above installments, the Defendant agreed to pay the Plaintiff the remainder after adding damages for delay calculated at the rate of 6% per annum (hereinafter “instant settlement agreement”).

B) On February 24, 2014, the Plaintiff was obligated to receive KRW 800,00,000,000,000 on March 24, 2014, and KRW 100,000,000 on April 24, 2014, and KRW 150,000,000 on September 5, 2014, and KRW 75,000,000 on September 25, 2014, and KRW 75,000,000 on September 30, 2014, and KRW 75,000,00,000 on September 30, 2014, and the Plaintiff was supplied with KRW 80,00,000,000 on goods from the Defendant on July 31, 2014, and to pay the amount equivalent to KRW 5646,684,696,694,684,65.

[Ground for recognition] In light of the facts without dispute, Gap evidence Nos. 1, 3 (including a provisional number; hereinafter the same shall apply), Eul evidence Nos. 2 and 4, and the purport of the whole pleadings 2), the above facts of recognition are as follows: The defendant shall pay to the plaintiff the amount of 800,000 won out of the amount of the settlement of accounts in this case, less the amount of 56,684,429 won, less the amount of 1,253,003,281 won (excluding the amount of 2,109,687,710 won) - the amount of 800,000 won of the settlement of accounts - the amount of 56,684,429, and the amount of 200,000 won which the defendant agreed to pay to the plaintiff on April 4, 2014.

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