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(영문) 부산지방법원 2017.09.13 2017나1384
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The gist of the Plaintiff’s assertion is C, a person who runs wholesale and retail business, such as Dog itself, with the trade name of C, and the Defendant traded Dogma, carart, etc. on credit with the Defendant.

The Plaintiff did not receive KRW 2,795,000 from the Defendant out of the purchase price generated from the said transaction until now.

Accordingly, the defendant shall pay the outstanding amount and damages for delay to the plaintiff.

2. The facts that the Plaintiff traded between the Defendant and the Defendant from the beginning of February 2014 regarding the cause of the claim are without dispute between the parties. In full view of the entries in the evidence No. 1 and the purport of the entire pleadings, the Defendant is obligated to pay the Plaintiff the purchase price of KRW 2,795,000 and the delay damages therefrom, barring any special circumstance.

3. The Defendant alleged that the outstanding amount did not remain at all due to the payment of all the purchase price generated by transactions between the Plaintiff and the Plaintiff. However, the evidence submitted by the Defendant alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

4. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning, and the judgment of the court of the first instance is just in conclusion.

Therefore, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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