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(영문) 대구지방법원의성지원 2016.07.20 2015가단1880
농산물구입대금 및 창고보관료
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 42,300,000 and the amount of the said KRW from December 24, 2015.

Reasons

1. In fact, the details of the remittance of the Plaintiff on November 26, 2010, KRW 27.4 million, totaling KRW 6,7.7 million on April 30, 2012, KRW 5 million, as at July 1, 201, KRW 5,000,000,000, KRW 4.7 million on August 23, 2012, KRW 200,000,000 on June 23, 2014;

A. The Defendant transferred the sum of KRW 69.7 million to the Plaintiff via the Defendant’s name or the Defendant’s wife C’s account as follows, and received a total of KRW 27.4 million from the Plaintiff.

B. On June 27, 201, the Plaintiff: (a) purchased 3,200 net chip from D on June 27, 2011, and (b) deposited 1,800 net 5,00 net chip from E on June 30, 201 (hereinafter “instant chip”) in KRW 65 million (per network 13,000 won); (c) sold 7,500 won or less per network during the period from February 15, 2012 to April 13, 2012; and (d) incurred loss by selling 7,500 won or less per network.

C. On June 2014, the Plaintiff prepared and awarded a loan certificate to the Defendant with respect to the above money remitted by the Defendant, and received the refund from the Defendant around May 2015.

On September 2, 2015, the Plaintiff was suspected of taking a non-prosecution disposition (not having been suspected) with respect to the charge of deceiving KRW 65 million from the Defendant at the Sung-gu District Prosecutors' Branch Office.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, Eul evidence Nos. 1, 2, 3, and 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. Upon the Defendant’s request on July 1, 201, the Plaintiff purchased the instant 50 million net price in KRW 65 million and kept it in the Plaintiff’s warehouse. The Defendant refused to pay storage fees and ex-factory expenses only with the aforementioned payment. As such, the Plaintiff seek against the Defendant for payment of KRW 11.5 million in total, including storage fees (2,00 won per network) and ex-factory expenses (300 won per network) according to the standard rate of the Korea Agricultural Products Refrigering Association.

B. The Defendant lent 69.7 million won to the Plaintiff, which is the remainder of 42.3 million won after deducting the amount of 27.4 million won already paid to the Plaintiff.

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