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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
From March 2012 to November 30, 2016, the Plaintiff supplied iron chips to the Defendant from March 2012 to November 30, 2016 by paying the price for goods as advance payment and deducting the amount of supply from advance payment.
The supply value of steel chips supplied by the Plaintiff to the Defendant until November 30, 2016 is 582,485,420 won in total.
[Ground of recognition] A without dispute, Gap evidence 3 through 6 (including a provisional number; hereinafter the same shall apply), Eul evidence 6, and Eul evidence 7, and the plaintiff asserted the purport of the whole pleadings as to the purport of the argument, and the plaintiff is obligated to pay to the defendant the amount of KRW 528,023,510 as the price for the goods. Thus, the defendant is obligated to pay to the plaintiff the price for the goods (=582,485,420 - 528,023,510 - 528,510 won as the price for the goods and delay damages.
From February 23, 2012 to November 30, 2016, Defendant paid KRW 641,023,510 to the Plaintiff at the Plaintiff’s request, and paid KRW 641,023,510 to the Plaintiff, including the money to be settled as advance payment to the Plaintiff.
Therefore, the difference between the value of supply of steel chips supplied by the Plaintiff 582,485,420 won and the 58,538,090 won (=641,023,510 won - 582,485,420 won) still remains as advance payment. Therefore, there is no obligation that the Defendant shall pay to the Plaintiff.
Judgment
Of KRW 641,023,510, the Defendant claimed to have paid as advance payment, KRW 80 million paid to “C” on March 31, 2012, KRW 300,000, KRW 3000,000, KRW 11300,000 (=80,000, KRW 300,000, KRW 30,0000, KRW 300,000) and the remainder of KRW 528,023,510 (=641,023,510 - KRW 113,000,000), and there is no dispute between the parties concerned as to the fact that the Defendant paid as advance payment to the Plaintiff.
Therefore, we will examine whether the Plaintiff and the Defendant agreed to settle the money that the Defendant paid to C and D as advance payment for the Plaintiff.
each evidence mentioned above, Eul.