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(영문) 창원지방법원마산지원 2014.10.22 2014가단4791
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. There is no dispute over the fact that the Plaintiff entered into a concrete file supply contract with the Defendant and supplied the Defendant with a concrete file amounting to KRW 64,541,400 (hereinafter “instant product”) from October 14, 2013 to October 30, 2013.

2. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 34,541,400,000 calculated by subtracting the amount of KRW 34,541,400 from the amount of KRW 64,541,40, the amount of the instant goods paid to the Plaintiff, and delay damages.

3. Judgment on the defendant's defense

A. The Defendant’s assertion (i) received concrete files from Dongyang Co., Ltd. before being supplied with the instant goods, and deposited the amount into the bank account of Dongyang Co., Ltd. (hereinafter “instant account”).

Afterward, the Plaintiff did not inform the Defendant of the fact that the transaction agent was changed from Dongyang to the Plaintiff when trading the instant goods, and required to deposit KRW 30 million out of the price of the instant goods into the instant account and request it. Thus, the Defendant deposited KRW 30 million into the instant account.

Therefore, since the defendant paid KRW 30 million upon the plaintiff's request, it is valid as repayment of the price of the goods of this case.

B. The Plaintiff entered into the instant goods supply contract with the Plaintiff and deposited KRW 30 million to the instant account on October 16, 2013. However, there is no dispute that the instant account is not the Plaintiff’s account, but the Dongyang, a separate legal entity, and there is no evidence to prove that the Plaintiff demanded the Defendant to deposit the said money with the instant account.

Therefore, it is difficult to view that the Defendant’s deposit of KRW 30 million into the instant account is valid as the repayment of the instant goods payment obligation against the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

(b) Bonds;

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