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(영문) 청주지방법원 2016.03.24 2015가단10820
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. Defendant B, and C have jointly established and jointly operated D Co., Ltd. (hereinafter “D”) on March 12, 2014.

B. The Plaintiff sold food milk, etc. to D on credit from March 2014 to August 2014, and the price is KRW 67 million.

C. The Defendant, B, and C discontinued the operation of D on the ground of management difficulties. Of KRW 422,445,00, KRW 214,877,00, which is the above company’s debt, C paid out and KRW 208,568,00, which is the remainder of the amount of KRW 200,000, the Defendant promised to pay the Plaintiff the amount of KRW 67,000,00 to the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff the price of the goods 67 million won and damages for delay.

2. The Defendant acquired the D’s goods payment obligation against the Plaintiff.

With respect to the existence of the fact that the Plaintiff promised to repay the above goods price liability, it is not sufficient to recognize the fact only by the descriptions of the evidence Nos. 3 through 6, 8, and 12 in light of the following circumstances, and there is no other evidence to acknowledge it.

① The evidence Nos. 3, 5 (each payment note), 4, and 6 (each debt transfer contract) are only the documents prepared by B and the plaintiff.

② In this court, the witness B stated that the Defendant did not have to pay 67 million won for the goods that the Plaintiff did not pay to the Plaintiff.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim is dismissed. It is so decided as per Disposition.

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