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(영문) 서울중앙지방법원 2017.05.31 2017가단14817
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The allegations and judgment of the parties

A. On October 26, 2012, the Plaintiff concluded an agency contract with the Defendant and terminated the agency contract on September 2016. The Plaintiff asserted that, in the course of settlement, the outstanding amount was calculated by mistake of employees and the outstanding amount of KRW 21,693,039 still remains, the Defendant did not pay the outstanding amount. The Plaintiff sought payment of the outstanding amount.

B. However, the following facts and circumstances, which are acknowledged by comprehensively considering the purport of the entire arguments in the statements in Eul evidence Nos. 1 through 3, i.e., ① the plaintiff sent the current status of settlement of goods prices to the defendant two times a month during a four-year contract period, and the defendant believed that the plaintiff was erroneous in the settlement status, and during that process, it appears that the plaintiff was not known that the plaintiff was erroneous in the settlement status. ② Even during the process of termination of the agency contract of this case, the plaintiff's employee confirmed the remaining amounts and sent the defendant the settlement details on September 6, 2016. In particular, in the e-mail of September 28, 2016, the remaining amounts were 18,693,036 won, and the defendant deducted them from the deposit money of 20,000,000 won already paid to the defendant, and the defendant still knew that the plaintiff had no choice but to inform the defendant that the remaining amount was returned to the defendant during the process of cancelling the contract.

In addition, even if the Plaintiff’s employee was erroneous in the settlement of the outstanding amount, the Plaintiff and the Defendant did not remain at least the amount that the Defendant would settle to the Plaintiff at the time of termination of the instant agency agreement.

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