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(영문) 서울고등법원 2017.06.23 2016나2053754
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Determination on the cause of the claim

(a)There is no dispute between the parties to the facts of recognition, or in full view of the entries in Gap evidence Nos. 1, 2 (including documentary evidence attached with serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 39, 44, and 45, and part of Gap evidence No. 3, the following facts may be acknowledged:

1) 원고 회사는 각종 원단(면직물) 제조 및 판매업 등을 영위하는 회사이다. 원고 회사의 대표이사인 I는 ‘K’이라는 상호로 원단 제조업 등을 영위하였다. 피고 회사는 방탄제품 제조 및 판매업 등을 영위하는 회사인데, 주로 군수물품 등을 제조하여 방위사업청 등에 납품하였다. 2) 원고 회사는 2010. 11. 30.부터 피고 회사에 원단을 제조하여 납품하거나, 임가공 형태로 피고 회사에서 제공받은 원사(原絲)를 제직(製織)하는 방법으로 원단을 제조한 다음 피고 회사에 납품하였다.

The Defendant Company paid the price for goods on an irregular basis while engaging in credit transactions with the Plaintiff Company.

3) As of December 31, 2013, “the sales ledger of the Plaintiff Company as of December 31, 2013” was written as KRW 318,684,183 in total, including the amount of goods or personnel expenses paid by the Plaintiff Company on behalf of the Defendant Company. As indicated in the sales slip, the Plaintiff Company issued a tax invoice with respect to the Defendant Company, and the Defendant Company received the tax invoice issued by the Plaintiff Company as of December 31, 2013. (4) The “the business partner director of the Defendant Company as of December 31, 2013,” and the “amount of unpaid debt owed to the Plaintiff Company” was written as KRW 393,694,013 in total (i.e., KRW 395,608,013 as of September 10, 2013, KRW 1,914,000 whose sales was revoked).

Data on the storage of the Defendant Company (Evidence B, No. 39, 44, 45), and as of December 31, 2013, “the balance of the Defendant Company’s obligation to the Plaintiff Company” as of December 31, 2013 is as indicated in the sales ledger of the Plaintiff Company, KRW 318,684,183, or KRW 318,684.

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