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(영문) 인천지방법원 2019.09.24 2018나66633
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a person who runs the business of collecting and disposing of scrap metal in the name of “C”, and the Defendant is a person who runs the metal processing business, etc. with the trade name of “D”. 2) On February 4, 2017, the Plaintiff entered into a contract with the Defendant for the disposal of scrap metal and scrap metal (hereinafter “instant contract”) with the Defendant to pay KRW 20,000,000 to the Defendant for the payment of the price for scrap metal and scrap metal generated at the Defendant’s site (Article 2) and to deduct the said payment from KRW 20,00,000,000, which was settled once every month after collecting the scrap metal and scrap metal generated at the Defendant’s site (Article 3). The Defendant does not trade scrap metal and scrap metal generated at the site with any person other than the Plaintiff, but all responsibilities at the time of transaction are borne by the Defendant (Article 5).

3) On February 16, 2017, the Plaintiff paid KRW 20,000,000 to the Defendant under the name of advance payment pursuant to the instant contract. (4) The Plaintiff collected scrap metal equivalent to KRW 6,543,000 in total from February 15, 2017 to August 25, 2017 on 12 occasions at the Defendant’s site. At the end of each month, the Plaintiff signed the Defendant’s signature on the balance after settling and settling the details of transactions recorded in the Plaintiff’s transaction account books.

Specific details of transactions and balance after settlement shall be 680,00 won in 15,200 won in 19,320,000 won in 19,300 won in 15,200 on February 15, 2017; 302,00 won in 18,784,000 won in 17, March 17, 2017; 18,000 won in 18,082,000 won in 18,000 won in 18,00 won in 17,00 won in 17,8,000 won in 17,8,000 won in 17,80,000 won in 19,00 won in 19,00 won in 19,50 won in 0,000 won in 5,06.6.75 won in 0,07,000 won in 16,07.65 won in 2, etc.

9, such as scrap iron of KRW 15,55,00, July 19, 2017, 942,000, KRW 14,713,000, such as scrap iron of KRW 14,713,000, August 5, 2017.

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