(영문) 인천지방법원 2015.10.08 2015가단14463

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(영문) 인천지방법원 2015.10.08 2015가단14463

물품대금

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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 September 2014, around September 2014, A received funds from the Plaintiff, and proposed that A shall secure scrap metal from the Osan, Pyeong, and Pungsung and pay the sales price to the Plaintiff.

B. Accordingly, from around that time, the Plaintiff remitted the funds for securing scrap metal to A’s designated account. A deceiving the Plaintiff to deliver the scrap metal secured without actually securing or selling the scrap metal, while inducing the Plaintiff to deliver the said scrap metal secured to the Defendant, a certain amount of the funds for securing scrap metal to the Plaintiff with the remitter as the Defendant, and the remainder was arbitrarily used.

C. In this process, A, even though the actual Defendant did not have been supplied with scrap metal, by deceiving the Defendant’s staff-in-charge B and, during the period from October 27, 2014 to November 15, 2014, made up 20 copies of contract confirmations and receipts stating that the Defendant had taken measurements and received scrap metal supplied by the Plaintiff, and issued them to the Plaintiff.

A’s deception was discovered to the Plaintiff around the end of November 2014, and A demanded damages from the Plaintiff, paid KRW 32,444,510 to the Plaintiff around December 2014.

[Ground of recognition] The facts without dispute, Gap evidence 3, Eul evidence 1, Eul evidence 1, 5, 8, and 9, witness A, B, and C's testimony, the purport of the whole pleadings

2. Determination

A. As to the primary argument, the Plaintiff: (a) supplied the Defendant with scrap metal equivalent to KRW 217,002,935 in total from October 27, 2014 to November 15, 2014; and (b) received KRW 141,140,410 in total from the price of goods; (c) so, the Defendant is liable to pay the Plaintiff the unpaid amount of KRW 75,862,525 ( = 217,002,935 - 141,140,410), but it is insufficient to recognize that the Plaintiff supplied the scrap metal to the Defendant only with the evidence submitted by the Plaintiff; and (d) there is no other evidence to acknowledge this otherwise, the Plaintiff’s above assertion is without merit.

B. The plaintiff of the preliminary argument shall obtain approval from the defendant at the request of A.

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