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(영문) 서울서부지방법원 2015.08.20 2015나30682
물품대금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the whole purport of the pleading in Gap evidence Nos. 1, 2, 4, and Eul evidence Nos. 1, 2, 8, 10, and 12 (including additional numbers):

The plaintiff is a person who runs a wholesale and retail business in the name of "B", and the defendant is a company that runs a book, book, retail business at the Gyeongbuk-si Port.

B. On September 30, 2009, the Defendant confirmed that the book price to be paid by the Defendant to the Plaintiff on September 30, 2009 was KRW 7,555,850 among the following: (a) the Plaintiff entered into a local general sales contract (hereinafter “instant contract”) with the Plaintiff to receive publication from the Plaintiff and sell them at the port of publication; and (b) settle and renew the account every year.

C. After that, around December 31, 2009, the Defendant continued to engage in transactions, such as paying KRW 5 million to the Plaintiff, and the Plaintiff sent to the Defendant the account amount transacted by September 14, 2010 to the Defendant as KRW 1,158,150 (Evidence 1-1-2), and the account amount transacted by November 22, 201 as of November 22, 201, to the customer transaction ledger (Evidence 1-2-2) with KRW 3,097,950, respectively.

After that, the Plaintiff and the Defendant continued the transaction as indicated below, and terminated the transaction around January 2013.

[Attachment]

2. Judgment on the parties' arguments

A. On September 30, 2009, the Plaintiff confirmed that the outstanding amount was KRW 7,555,850 between the Defendant and the Defendant’s counterclaims (1) and that the outstanding amount was returned to the Plaintiff, as recorded in the transaction ledger (Evidence A2-2-5) submitted by the Plaintiff, and the outstanding amount was remaining KRW 8,554,450 as of January 8, 2013. The transaction ledger submitted by the Defendant (Evidence B-1-2) is not prepared by the Plaintiff, and the amount exceeding 30% of the total amount returned by the Defendant cannot be recognized. The Defendant.

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