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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation established on December 17, 2004 for the business of manufacturing aquaculture equipment, etc., and the Defendant is a person who runs a fishery business, such as a dives farming, etc. from February 23, 200 to February 23, 200.
B. In around 2008, the Plaintiff and the Defendant entered into a contract for goods supply with the purport that the Plaintiff would supply the Defendant with the entire forms of equipment to the Defendant, and that the Defendant would pay the price by either paying cash to the Plaintiff or supplying it to “D” operated separately by the Plaintiff.
(hereinafter referred to as the “instant contract”). [Ground of recognition] A without dispute, entry in Gap evidence 3, Eul evidence 1, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion was that the Plaintiff supplied the Defendant with the 312,722,50 won (including value-added tax; hereinafter the same shall apply) by December 8, 2012 under the instant contract. From June 30, 2010 to August 9, 2013, the Plaintiff received 29,5450 million won in total from the Defendant. The Defendant is obligated to pay the Plaintiff the outstanding amount of KRW 40,592,950 (i.e., KRW 312,72,500 - KRW 29,5450,000 carried over before 2010,000,000 won and damages for delay.
B. According to the evidence Nos. 1 and 2, the Plaintiff’s statement as to the Plaintiff’s Defendant as to the sales office from January 1, 2010 (hereinafter “the sales office of this case”).
(D) The fact that: (a) the amount receivable for the Plaintiff’s goods against the Defendant is KRW 23,320,450,000; (b) the Plaintiff supplied 312,722,50,000 to the Defendant from February 9, 2010 to December 8, 2012; and (c) the amount receivable for the final goods after being paid KRW 29,545,00 in cash or in uniform from the Defendant from June 30, 2010 to August 9, 2013; and (d) the amount receivable for the final goods after being paid KRW 40,592,950,00 (=312,722,500 - 29,5450,000 won prior to December 23, 2010 to December 8, 2012.