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(영문) 서울북부지방법원 2016.01.15 2015가단11141
물품대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who manufactures and sells amnestys, strings, etc. with the trade name of C, and the Defendant was a person who wholesale and retail business of clothinging materials with the trade name of D or E.

B. From June 5, 2002 to October 17, 2003, the Plaintiff supplied the Defendant with amnesty and string, etc. Around that time, the amount receivable was KRW 10,317,537.

C. On November 17, 2003, the Defendant closed the business E registered in the name of the wife F.

[Reasons for Recognition] Unsatisfy, Gap evidence 7, 8, 13 (including virtual number), Eul evidence 1, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Plaintiff 1) The Plaintiff 1 received the additional note No. 1 (the payment date, April 15, 2002, the face value of KRW 25,000,000) and the additional note No. 6 (the face value of KRW 15,00,000) as the price for each good. The outstanding amount accrued by the year 2003 was 10,317,537 won, and the outstanding amount was 15,00,000 won for promissory note No. 6, and the attempted payment was 25,317,537 won, but the last outstanding amount was 25,682,037 won while continuously engaging in transactions from 206 to 2014.

B. Defendant 1) A’s evidence Nos. 1 and 6’s promissory note No. 6 are not delivered as the price for the goods, but rather, as the price for the goods. 2) The Defendant closed down its business at the end of 2003 and did not trade with the Plaintiff.

Some introductions were made, but the defendant did not directly deal with the goods, and the price of the goods introduced was paid in all to the goods supplied company.

3 The outstanding amount payable until 2003 remain.

Even if the statute of limitations has expired, the statute of limitations has expired.

3. Determination

A. In light of the following circumstances, whether a promissory note No. 1 and No. 6 was paid as the price for the goods, or as indicated in the evidence No. 1 through No. 3, 5 through 7, and 13 (including a serial number), the above evidence alone is delivered by the Defendant for the payment of the price for the goods to the Plaintiff.

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