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Reasons
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(영문) 창원지방법원 2019.01.10 2018가합53965
매매대금
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1. The Defendant’s KRW 171,375,882 as well as the Plaintiff’s annual rate from January 3, 2018 to January 10, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in mechanical processing business under the trade name of “C,” and the Defendant is a person engaged in mechanical parts manufacturing and wholesale business under the trade name of “D.”

B. From October 2012 to September 2017, the Plaintiff engaged in a transaction in which the Defendant processed and supplied various machinery parts to the Defendant (hereinafter “instant transaction”). The instant transaction was conducted by presenting a written estimate to the Defendant when the Defendant presented the design drawings to the Plaintiff. Once the Defendant approved the said written estimate, the Plaintiff processed the product and supplied it to the Defendant.

C. Meanwhile, between October 30, 2012 and September 18, 2017, the Defendant transferred KRW 863,897,241 in total to the Plaintiff, as indicated in the column for “paid amount” in the attached Table 1 sheet between October 30, 2012 and September 18, 2017. From October 30, 2012 to October 31, 2016, the Defendant received KRW 162,00,000 in total from the Defendant’s husband’s account under the name of the Defendant’s husband and the Defendant’s account under the name of the Defendant’s birth, as described in the attached Table 2.

【Recognition of Fact-finding】 The fact that there has been no dispute, Gap evidence 1 through 4-1, Eul evidence 2 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff, under the transaction in this case, paid KRW 722,21,21,210 to the plaintiff with the product equivalent to KRW 714,918,360 from the plaintiff, and received return of KRW 26,30,000 through E and F, and received return of KRW 26,30,00 through G, who is an employee of the defendant. Thus, the defendant is obligated to pay the plaintiff the unpaid price of KRW 230,97,150 [=714,918,360 - - (72,221,210 - 212,00,000 - 26,300,000] and delay damages.

The amount stated in the Plaintiff’s claim is added to the amount that the Defendant returned to the Defendant, and then the amount of the Plaintiff’s claim is deducted.

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