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(영문) 대전지방법원 2015.07.09 2014가합105909
대여금 및 물품대금 지급청구의소
Text

1. The Defendant’s KRW 1,459,02,081 among the Plaintiff and KRW 100,000,000 among the Plaintiff, shall be KRW 1,359,02,081 from August 1, 2014.

Reasons

1. The Plaintiff and the Defendant have continued to manufacture and sell machinery products, and have continued to supply goods and services among themselves from around 2010.

[Ground of recognition] The statements in Gap evidence 1 to 5, Eul evidence 1 to 5 (including each number), and the purport of the whole pleadings

2. Determination as to the Plaintiff’s claim for the settlement of accounts unpaid

A. On January 31, 2014, the Plaintiff asserted that the Plaintiff is liable to pay KRW 2,109,687,710 to the Plaintiff after confirming that the Defendant was liable to pay KRW 2,109,687,710 to the Plaintiff as a result of the set-off of claims and obligations between the Plaintiff and the Defendant based on December 31, 2013 between the Defendant and the Defendant.

② Of the above settlement agreement amount, the Plaintiff received from the Defendant KRW 200,000,000 on February 24, 2014, KRW 200,000,00 on March 24, 2014, KRW 100,000 on April 24, 2014, KRW 75,000,000 on September 25, 2014, KRW 75,000 on September 30, 2014, KRW 75,000 on September 30, 2014, and KRW 75,000,000 on November 5, 2014 (total KRW 725,00,000).

2) On the premise that the Plaintiff received 50,00,000 won out of the above settlement amount from the Defendant, the Plaintiff sought payment of KRW 1,553,003,281 (i.e., the settlement amount of KRW 2,109,687,710 - the settlement amount of KRW 500,684,429 - the amount equivalent to the obligation to pay the goods to the Defendant 56,684,429) from the preparatory document dated March 25, 2015 (i.e., the above settlement amount of KRW 50,00,000,000, KRW 75,000, KRW 700, KRW 75,000, KRW 700, KRW 75,000, KRW 700, Sep. 30, 2014).

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