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(영문) 부산지방법원 2015.07.23 2014가단64222
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff supplied the phrase, etc. to C and the Defendant, who is one of them (hereinafter referred to as “Defendant, etc.”). The Plaintiff had a claim of KRW 47,538,00,00 in total, including the loan amount of KRW 6 million, the loan amount of KRW 20 million, the loan amount of KRW 16,00,000,000 from November 16, 2012 to December 25, 2012, and the loan amount of KRW 19,538,00 in total, from November 25, 2012 to December 25, 2014.

However, since the defendant et al. paid 18,723,730 won to the plaintiff, the defendant et al. is obligated to pay the remaining balance to the plaintiff 28,814,270 won and interest for delay.

B. On the other hand, it is insufficient to acknowledge that there was a supply relationship of phrases or a money transaction relationship with the defendant only with the entries in Gap evidence Nos. 1 through 5 (Additional No. 5) separate from whether or not the plaintiff has a claim against C as to the above assertion (the plaintiff himself is a person who was a direct party to the phrases and money transaction) and there is no other evidence to acknowledge that there was a supply relationship of phrases or a money transaction relationship with the defendant. Thus, the above argument of the plaintiff is without merit without further review.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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