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(영문) 서울북부지방법원 2015.11.03 2015나2117
물품대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. A. Around 2010, the Plaintiff entered into a goods transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”). At the time, Defendant B, the representative director of Defendant Co., Ltd, guaranteed the Defendant Co., Ltd’s obligation to pay for the goods to the Plaintiff

B. From April 16, 2010, the Plaintiff supplied goods to the Defendant Company. On April 22, 2011, the Plaintiff and the Defendant Company confirmed that the balance of the goods price of KRW 11,197,180 is KRW 11,180, and written a written confirmation of balance (Evidence A No. 4).

C. On March 19, 2012, the Plaintiff: (a) supplied the Defendant Company with the last goods; (b) discontinued transactions; and (c) thereafter, on May 1, 2012, the Plaintiff paid part of the outstanding amount to the Defendant Company’s obligation from the Defendant Company; and (c) the same month.

7. 1.5 million won was paid.

The balance of the goods price of the Defendant Company is KRW 7,188,629, written by the Plaintiff from April 16, 2010, on the trading card (Evidence A No. 1) and the customer ledger (Evidence A 3) of the Defendant Company.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of claim

A. As of May 7, 2012, the Plaintiff asserted that, as of May 7, 2012, Defendant Company’s balance of the purchase price of the Defendant Company’s goods is KRW 7,188,619, Defendant B, a joint and several surety, is jointly and severally liable to pay the Plaintiff KRW 7,188,619 and damages for delay.

The defendants asserted that the above transaction card of the plaintiff's preparation and the director of the transaction partner's office cannot be believed to have been unilaterally prepared by the plaintiff, and the balance of the goods price is only KRW 759,898.

B. The above transaction card and the head of the Customer’s Office are evidence consistent with the Plaintiff’s aforementioned argument, namely, the balance of the price of the goods as of May 7, 2012, which is KRW 7,188,619, the final transaction date, and each of the above documents are written by the Plaintiff. However, the above documents are all written by the Plaintiff.

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