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(영문) 대구고등법원 2016.07.13 2015나22770
물품대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively considering the purport of the entire pleadings as a whole in the statements in Gap evidence Nos. 2, 5, 6, 7, and 8, and there is no counter-proof otherwise:

The Plaintiff is a person who had sold fiber yarns with the trade name of “F” until 2008, and the Defendant is a person who manufactured and sold the original body with the trade name of “C”.

B. From 1994, the Plaintiff has traded goods in the form of supplying original intent to the Defendant and receiving the payment from time to time from time to time.

C. In 2003, the Plaintiff notified the Defendant that the transaction will be suspended by demanding the payment of the unpaid amount of KRW 302,129,485, and the Defendant requested the Defendant to prepare a new account book for the goods traded since 2004 at the end of each month to continue the transaction.

Accordingly, the Plaintiff, by the end of October 2003, prepared a new transaction account book (Evidence A6; hereinafter “new account book”) from January 14, 2004, stating the amount of the unpaid goods in KRW 302,129,485, while keeping the account book (Evidence A5). From October 9, 2004, the Plaintiff continued a transaction with the Defendant with respect to the unpaid goods amounting to KRW 18,530,905 as a result of continuing the transaction with the Defendant until October 9, 2004, and the Plaintiff suspended the transaction with the Defendant.

On May 6, 2004, the Defendant issued a promissory note of KRW 7,680,000 to the Plaintiff (the payment was refused on the payment date), and paid KRW 8,701,440 on January 5, 2005, and KRW 5,000,000 on February 7, 2005, respectively.

E. On October 26, 2005, the Plaintiff demanded that the Defendant faithfully perform the unpaid amount of KRW 289,278,950 (=302,129,485 won-17,680,00 won) following consultation.

On Nov. 7, 2005, the defendant needs to settle the amount of the goods payable to the plaintiff on Nov. 7, 2005, and submission of the transaction statement, tax invoice, and deposit statement with respect to KRW 302,129,485 prior to May 6, 2004.

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