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(영문) 수원지방법원 2016.04.14 2015나30128
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

From July 23, 2012 to August 31, 2012, the Plaintiff against the Defendant.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence 1 to 8, Gap evidence 1 to 9-1, 2, Eul evidence 10-1 to 8, and Eul evidence 1.

In operating a restaurant with the trade name “D” as the same business with C, the Plaintiff received from the Defendant who engages in the wholesale and retail business of meat in the name of “E” from July 23, 2012 to August 31, 2012 the total amount of 33,018,000 won (limited to the Plaintiff) and paid KRW 12,52,600 as part of the supply price to the Defendant from August 10, 2012 to October 25, 2012.

B. On October 2012, the Plaintiff and C discontinued the above restaurant, and around that time, returned to the Defendant 5 boxes that were not sold among the livestock products supplied by the Defendant (limited to Chinese milk).

C. On November 9, 2012, the Plaintiff issued and delivered a letter of payment to the Defendant that “The Plaintiff would pay KRW 20,495,400 (i.e., KRW 33,018,00-12,52,60) for the supply of unpaid livestock products by the end of February 2013.”

On February 11, 2014, the Plaintiff and the Defendant calculated the value of five boxes of livestock products (limited to the livestock products) that the Plaintiff returned to the Defendant as above, as KRW 4,000,000, and the amount of unpaid livestock products (limited to the livestock products) supplied by the Plaintiff to be deducted from KRW 20,495,400 for the supply price of unpaid livestock products (limited to the livestock products) that the Plaintiff is obliged to pay to the Defendant was KRW 16,495,400.

E. After that, C paid KRW 8,50,000 (=7,000,000) to the Defendant as the price for supply of unpaid livestock products (including limited amount) and again paid KRW 7,000,000 on November 13, 2015 and KRW 1,000,000 on November 17, 2015.

2. According to the facts found above, while operating a restaurant for D' as a business partnership with C, the Plaintiff paid all of the prices of livestock products (limited to milk) supplied by the Defendant during the period from July 23, 2012 to August 31, 2012 (hereinafter referred to as "D") from July 23, 2012 to August 31, 2012, the Plaintiff amounted to KRW 33,018,000-12,52,600-4,000-8,500,500-7,000,000-1,000,000-1,000,000 = 4,600 won.

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