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(영문) 춘천지방법원 속초지원 2018.10.25 2017가합30308
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a person who engages in fish farming in the name of "C" in Yangyang-gun, Gangwon-do, and the defendant is a person who engages in fish sales business in Busan as "D".

On January 18, 2017, G 1,569kg 37,656,000 Gap 4-12 on January 23, 2017, G 1,552kg 37,248,000 Gap 4-23 on February 2, 2017, H 3,000 g 72,000 g 42,000,4-3, 4-444 on February 7, 2017, H 1,879kg 45,000 Gap 45,096,00 Gap 4-5,4-65,520 on February 20, 2017, JJ 287,797,708-40,709,708-47,709,708-40,79,708,70-49,740

B. E, while operating the “F”, purchased fish from a fish farm and sold it to a wholesaler. G and H, which are his employees, obtained a total of KRW 262,908,000 from the Plaintiff as the Plaintiff’s fish farm as indicated below (hereinafter “instant fish”).

C. On January 31, 2017, the Plaintiff supplied long-term language as indicated in the foregoing [Attachment] Nos. 1 and 2, and issued a tax invoice stating the supply value of KRW 74,904,00 (=37,656,00 won) as the supply value of KRW 37,248,000), and the recipient as “D Company B (Defendant).” On February 1, 2017, the Defendant confirmed the said tax invoice and paid KRW 37,656,00 to the Plaintiff.

Since then, the Plaintiff supplied long-term language as indicated in the above [S] Nos. 3, 4, and 5, and issued a tax invoice stating the supply value of KRW 188,004,00 in February 28, 2017 (=72,00,000 KRW 45,096,000 KRW 70,908,000), and the recipient as “D Company B (Defendant).”

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 4, 5, Eul 1, and the purport of the whole pleadings

2. Determination

A. 1) The plaintiff's assertion that the defendant is a party to a contract and is liable to pay the price is that the plaintiff concludes a contract for the supply of the fish with the defendant through E and supplies the fish of this case. Thus, the defendant is 225,252,00 won (=the fish price of KRW 262,908,000) to the plaintiff.

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