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(영문) 전주지방법원 2014.09.04 2013나12177
대여금
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. On June 29, 2007, the Plaintiff asserted that around June 29, 2007, the Plaintiff supplied the Defendant with fertilizers equivalent to KRW 65,625,000, and that the Defendant did not pay KRW 25,625,000 out of the above fertilizer price. As the principal lawsuit, the Plaintiff sought payment of KRW 25,625,00 in the balance of the above fertilizer price and damages for delay.

On December 31, 2007, the Defendant asserted that the Plaintiff would pay KRW 11,00,000 to the Defendant while settling the Defendant’s fertilizer payment obligation against the Plaintiff and the Plaintiff’s loan obligation against the Defendant, and thus, the Plaintiff could not respond to the Plaintiff’s claim because the Plaintiff’s fertilizer payment obligation against the Plaintiff was extinguished. At the same time, the Defendant asserted that the Plaintiff would not respond to the Plaintiff’s claim as a counterclaim, and at the same time, claimed the above settlement amount of KRW 11,00,00

2. According to the purport of Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 and Eul evidence Nos. 2 as to the plaintiff's main claim, the plaintiff is a person operating the senior agency of D Co., Ltd., a fertilizer producer around 2007 with the defendant who is the representative of D Co., Ltd., the former North Korean E Complex around 2007. The plaintiff must supply the defendant with fertilizers equivalent to the total value of KRW 65,625,00 (the total value of KRW 5,250, the unit price of KRW 6,500, the supply price of KRW 34,125,00, the new total value of KRW 1,575, the unit price of KRW 20,000, the supply price of KRW 31,500,000, the supply price of KRW 13,125,000, the remaining supply price of KRW 52,500,000, the supply price of the above fertilizers that the plaintiff received from the defendant 2007.

The plaintiff is a newly converted fertilizer of 31,500,000 won in total of the remaining supply values to the defendant.

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