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(영문) 인천지방법원부천지원 2014.10.31 2014가단9023
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff supplied KRW 111,468,00 to the Defendant from March 1, 2012 to November 14, 2012. However, the Plaintiff asserted that only received KRW 37,140,777 from the Defendant and did not receive the remainder of KRW 74,327,223, and that the Defendant claimed KRW 74,327,223 and damages for delay are examined.

Examining the purport of Gap evidence 1-1 through 9 as a whole, the plaintiff issued a tax invoice of KRW 111,468,000 to the defendant from March 1, 2012 to November 14, 2012, and the fact that the defendant paid KRW 37,140,777 to the plaintiff is recognized.

However, in full view of the overall purport of arguments as to Gap evidence Nos. 1 through 16, Eul evidence Nos. 1 through 18 (including each number number), witness C, testimony of Gap and fact-finding on Ansan tax office, the defendant is an entrepreneur engaged in manufacturing business such as V, width, and so on with the trade name of "E", and D is an entrepreneur engaged in manufacturing business such as V, width and double products, and prefabricated metal products with the trade name of "F". The defendant entered into a goods supply contract with D around August 201, and the defendant supplied D with width, etc., the defendant supplied the goods to the defendant, and the defendant supplied the goods to pay the remaining amount after offsetting each other from the equal amount of the mutual goods purchase claim to the plaintiff. However, D established the plaintiff at the same place of business as "F" on September 8, 201, and the defendant supplied the goods remaining after setting off against the plaintiff's company director's trade name and supplied the remaining amount to the plaintiff.

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