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(영문) 창원지방법원 2017.03.29 2016가단119505
물품대금
Text

1. The defendant shall return the attached list electronic bill from the plaintiff and at the same time, KRW 70 million to the plaintiff.

Reasons

1. The basic facts of the claim: ① the Plaintiff agreed to receive cash from the Defendant on September 30, 2016 and on October 31, 2016; ② the Defendant supplied a new letter, such as a battle of KRW 102,115,200, in total, on two occasions on September 30 and October 31, 2016; ② the Defendant, with the consent of the Plaintiff, after dividing the electronic bill, issued by Nonparty Y-dong Sports Co., Ltd., Ltd., in order to pay a part of the amount, paid KRW 50,00,000, out of the total amount of KRW 70,000,000, and sent it to the Plaintiff’s deposit account; ③ the Plaintiff could not trust the issuer’s credit and financial status of the bill; ③ the settlement period (payment date) was too long to request the Plaintiff to return the bill by accepting the Plaintiff’s request; ② the Plaintiff’s demand to return the bill to the Plaintiff, including the Plaintiff’s evidence and evidence No. 1301.

2. Judgment on the plaintiff's claim

A. According to the facts established above, the defendant is obligated to pay the plaintiff the amount of KRW 70 million due to the new purchase price.

B. In regard to this, the defendant asserted that, by agreement with the plaintiff, the electronic bill was endorsed and delivered in lieu of the payment of the price of KRW 70 million as above, and there is no obligation to pay the new bill. However, in ordinary, if the debtor delivers the bill to the creditor, it shall be delivered for the means for the repayment of the debt or for the guarantee of the obligation, and the above electronic bill shall be given in lieu of the payment of the new bill.

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