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(영문) 대전지방법원서산지원 2015.06.02 2014가단51284
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 23,449,591 as well as its full payment from May 20, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. The Plaintiff supplied gas to the Defendant via Nonparty B, who was represented by the Defendant from July 10, 201 to January 1, 2013, and upon the Plaintiff’s request, supplied gas to the Defendant first, and traded credit by way of receiving gas from the Defendant three to five days thereafter.

B. On January 1, 2013, the Plaintiff supplied the Defendant with credit equivalent to KRW 18,520 g, 23,835,240 (including value-added tax) of propane gas, and sought payment of KRW 23,449,59,591 remaining after deducting KRW 385,649, carried forward money paid in excess from the Defendant, but the Plaintiff rejected such request and did not supply any gas any longer.

C. With respect to gas supplied by the Plaintiff from July 10, 201 to September 14, 2011, the Defendant paid KRW 5,479,021 to the Plaintiff.

Although the Plaintiff asserts that the total amount of gas supplied to the Defendant from September 15, 2011 to January 1, 2013 is equivalent to KRW 6,699,595,868, the Defendant is equivalent to KRW 6,697,115,298. However, according to the purport of the entire pleadings (the reference materials for the re-issuance of Plaintiff on May 29, 2015), it appears that there was an error in the calculation of the Defendant.

It is reasonable for the Defendant to claim that the Defendant paid the Plaintiff with respect to the gas supplied for the above period of time KRW 6,681,625,298 in total, the Defendant paid KRW 6,726,545,498 to the Plaintiff. However, in full view of the purport of the entire pleadings in the statement in subparagraph 15, the Defendant deposited KRW 23,25,000 on July 9, 2012 in the name of an employee C, and KRW 21,867,50 on August 3, 2012. The Defendant again deposited the said money in the name of the Defendant Company after the payment to the Plaintiff, and at the Defendant’s request, the Plaintiff deposited the said money again in the name of the Defendant Company, KRW 23,25,00 on July 10, 2012.

8.7.21,867,500 won may be recognized as having been returned to C by the head of Tong.

The defendant asserts that the money that the plaintiff returned to C, not the defendant's passbook, cannot be deemed to have been returned to the defendant. However, the plaintiff was paid in excess at the defendant's request.

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