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(영문) 부산지방법원 2016.11.24 2016가단6282
선수금반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1- 3 (including a serial number; hereinafter the same shall apply) by taking into account the overall purport of the pleadings.

The Plaintiff is a person who runs the business of selling fishery products in the name of “D”, and Defendant B is a business owner who runs the business of selling fishery products in the trade name of “C,” while Defendant C Co., Ltd. (hereinafter “C”).

on February 5, 2015, Defendant C’s " 20 million won" on February 16, 2015, KRW 30 million on March 13, 2015, KRW 30 million on March 24, 2015, KRW 140 million on March 24, 2015.

B. From February 5, 2015 to March 24, 2015, the Plaintiff remitted a total of KRW 140,000,000 as shown in the following table to the deposit account in the name of the Defendants as high as the price in high as the following table.

C. In relation to the above remittance amount, Defendant C issued a tax invoice with the price of KRW 70 million on February 28, 2015 to the Plaintiff, and Defendant B issued each tax invoice with the same price of KRW 30 million on the same day with the trade name of “C” and KRW 40 million on March 31, 2015 to the Plaintiff.

(hereinafter referred to as “each of the instant tax invoices”) . 2. Claims and determination

A. The summary of the parties’ assertion (1) The Plaintiff, via E, supplied 16,802 boxes (a total of KRW 386,446,00) to the Defendants for 23,000 won per box price for 16,800, and paid 140,000 won to the Defendants as contract deposit, while the Defendants supplied 1,40,000 won directly to the Sdong High School Food Co., Ltd., Ltd., the customer of the Plaintiff (hereinafter “Sdong High School Food”).

However, even though the Defendants did not supply high language to the Plaintiff via “F,” they were supplied with high language directly from “F without being able to do so.”

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