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Reasons
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(영문) 창원지방법원 2018.09.12 2018가단308
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 parties' assertion

A. The plaintiff asserts that since 100,000,000 won remain to be returned from the defendant due to the following circumstances, the defendant should pay the plaintiff the money stated in the claim.

1) On March 6, 2016, the Plaintiff, upon receipt of a proposal from the Defendant to supply scrap metal equivalent to KRW 200,000,000 upon deposit from the Defendant, remitted KRW 200,000 to the account under the name of the Defendant’s designated name, and on March 8, 2016, paid KRW 200,000,000 in total to another account designated by the Defendant (new bank C, Deposit Shares D), such as remitting KRW 180,00,000 to the other account (new bank, Deposit Shares). However, the Defendant did not supply scrap metal to the Plaintiff, as well as not returning KRW 20,00,000,00 received from the Plaintiff, and returned KRW 10,000,000,000,000,000,000,000,000 on April 3, 2017, 2005.

3) Therefore, the Defendant should pay the remainder of KRW 100,000,000 to the Plaintiff additionally. [No. 1] D [No. 2] A [No. 2]

B. As to this, the Defendant’s claim that the amount received from the Plaintiff as the payment for scrap metal is not more than KRW 200,000,000, but only KRW 100,000 received under the name of D on March 9, 2016 (the same as the following stated in the evidence No. 1) and the Plaintiff cannot be supplied with scrap metal.

(a) 2) (b) asserts that the return of KRW 100,000,000, as stated in the evidence Nos. 2, has been completed as follows:

2. Determination

A. As seen earlier, the Plaintiff claimed that the Defendant paid KRW 200,000,000 as the scrap metal price, but received only KRW 100,000,000 among them, while the Defendant asserted that the scrap metal price paid to the Plaintiff was not only KRW 100,000,000, which was already refunded, and thus, there is no additional amount to be paid if the amount was deducted from the amount paid to the Plaintiff.

The Plaintiff’s KRW 100,000,000 from the Defendant.

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