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(영문) 의정부지방법원고양지원 2019.12.19 2019가단4130
물품매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's assertion

A. A. Around June 5, 2018, the Defendant, an employee of the Plaintiff, entered into a sales contract for goods purchase of non-processed materials for installation of an elevator in the name of C and the Plaintiff at KRW 45 million.

On June 8, 2018, the Defendant paid KRW 10 million in the name of D as down payment, and promised to pay KRW 35 million in installments from August 2018.

However, as the Defendant did not pay the remaining amount, the Plaintiff paid C the remaining amount of KRW 35 million from August 29, 2018 to February 20, 2019 (a total of KRW 36.7 million, which is the amount not related to the Defendant).

Therefore, the defendant is obligated to pay the above 35 million won and damages for delay to the plaintiff.

B. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 and 2, the following facts: (a) on June 5, 2018, the seller and the Plaintiff: (b) the sales contract for goods stating that “it shall transfer non-processed materials used to install an elevator at KRW 45 million until June 10, 2018; (c) the remainder KRW 35 million shall be paid every month from August 2018 to KRW 5 million; (d) the Plaintiff shall be paid to the Plaintiff with all materials purchased from the Plaintiff, including KRW 80,80,000 on August 29, 2018; and (e) the Defendant shall be deemed to have provided the Plaintiff with all materials purchased from the Plaintiff, including KRW 1,500,000,000 on November 23, 2018; and (e) the Defendant shall be deemed to have provided the Plaintiff with all materials distributed to the Plaintiff, including KRW 1,501,200,971.2.

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