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(영문) 서울남부지방법원 2017.07.25 2017가단212174
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The key point of the Plaintiff’s assertion was that the Defendant would be supplied with red ginseng products, such as red ginseng, a royalty, etc., and paid 45,458,400 won to the Defendant.

However, since the defendant did not supply the above red ginseng product, it is obligated to return the above product price to the plaintiff.

2. Determination: (a) On December 16, 201, the Plaintiff remitted the sales price of KRW 45,458,400 in total, including KRW 15 million on December 16, 2016, and KRW 30,458,40 on December 19, 2016; (b) the Defendant decided to issue a tax invoice for the said sales price to the Plaintiff; and (c) the fact that the said red ginseng product was not supplied does not conflict between the parties.

However, in full view of the purport of the arguments in the evidence Nos. 3 and 1 and 2, the Plaintiff entered into the above red ginseng product supply contract with B. However, the Plaintiff and B provided that only a tax invoice shall be issued in the name of the Defendant on behalf of B whose business is not registered. Accordingly, the Plaintiff remitted the price of the goods to the Defendant to issue the tax invoice, and the Defendant remitted the price of the goods to the Defendant the remainder of KRW 44,458,400, excluding the value-added tax of KRW 1,000,000, which is part of the above amount of KRW 45,458,400, to the Defendant’s designated account B, and the Plaintiff sent the remaining amount of KRW 44,458,400,00 to C and D’s account on December 21, 2016, respectively. Thus, there is insufficient evidence to acknowledge that the Defendant supplied the above red ginseng product to the Plaintiff.

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

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