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(영문) 대구지방법원포항지원 2015.07.21 2015가단2643
레미콘대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around August 2014, the Plaintiff entered into a supply contract with the Defendant, and supplied ready-mixeds equivalent to KRW 176,827,640 at the site of the construction of the unmanned telecom at the port from August to December of the same year.

B. Around February 2014, the Defendant paid KRW 50 million out of the price of the above ready-mixed.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The assertion and judgment

A. According to the above facts of recognition, the defendant is obligated to pay 126,827,640 won to the plaintiff, unless there are other special circumstances.

B. The defendant's defense is proved that the defendant fully repaid the unpaid amount of KRW 126,827,640.

In full view of the purport of the entire pleadings in the statement No. 1-1 and No. 2 of the evidence No. 1-2, the defendant's defense is reasonable, since the defendant can be acknowledged to have fully repaid the amount of KRW 126,827,640 to the plaintiff on March 31, 2015, and April 30, 2015.

3. As such, the plaintiff's claim is dismissed as it is without merit.

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