(영문) 서울중앙지방법원 2016.11.16 2015가단82403

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(영문) 서울중앙지방법원 2016.11.16 2015가단82403

물품대금

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Each argument of the plaintiff and the defendant

A. Plaintiff’s primary cause of claim: The Defendant (Appointed Party) and the Appointed Party B jointly run the wholesale business of electrical products with “C” on April 19, 2012, concluded an agreement to reduce the amount of KRW 121,983,170 to KRW 70,000 for the unpaid goods to be paid in installments with the Plaintiff and to pay the Plaintiff in installments within three months after one month from the date of the settlement. The Appointed Party B issued and delivered each of the following a provisional coefficient to the Plaintiff for the payment of the goods under the above settlement agreement. However, since the household check was defaulted without the implementation of the above settlement agreement, the Defendant (Appointed Party) and B are jointly and severally liable to pay the Plaintiff the amount of money stated in the primary claim under the above settlement agreement.

① On May 19, 2012, the date of issuance of D, check amount of KRW 30,000,000, and KRW 20,000,000 for E, check amount of KRW 20,00,000, and date of issuance.

The plaintiff's conjunctive cause of claim: The defendant (Appointed) and the appointed party are jointly and severally liable to pay the plaintiff the amount of KRW 70,000,000,000 for the settlement of accounts related to the amount payable to the plaintiff, and thus, the defendant (appointed party) and the appointed party are jointly and severally liable to pay the plaintiff the amount stated in the conjunctive claim due to the tort.

C. Around March 30, 2011, the Plaintiff asserted that the Plaintiff was importing from China and stored in the Plaintiff’s warehouse for about one year. The Defendant (Appointed Party) issued three copies of household checks equivalent to KRW 70,000,000 in total amount of goods and settled all the amount of goods by means of electronic bills resolution and cash remittance, etc. from time to time.

2. Determination

A. Claim for settlement of accounts, which is the primary cause of the Plaintiff’s primary claim.

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