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(영문) 수원지방법원 2019.10.25 2018나57230
물품대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and even if the evidence submitted in the court of first instance shows the evidence submitted in the court of first instance, the fact-finding and judgment of the court of first instance

The reasoning of the judgment of this court is as follows, except for the portion used by the second instance judgment, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act. The part to be used is as follows: “(d) whether to recognize the original repayment of KRW 15 million to KRW 87,00 of the judgment of the first instance,” and the part to “no reason exists” of Article 9-14.

The Defendant asserts that “the Defendant remitted the amount of KRW 15,00,000 to the Plaintiff on April 2, 2013, including KRW 15,000,000, and KRW 15,000 on May 30, 2013 (hereinafter “the instant remittance amount”). The above remittance amount is the Defendant’s employee’s wrongful transfer of the amount of money paid to the Plaintiff by “B” as the price of the goods to the Plaintiff. The Defendant’s remaining money should be deducted from the Defendant’s obligation to the Plaintiff. The Plaintiff asserts to the effect that “the amount of money transferred to the Plaintiff should be deducted from the Defendant’s remainder of the goods payment to the Plaintiff.” The Plaintiff transferred the money to the Plaintiff, not the Plaintiff’s representative, to the Plaintiff, KRW 10,00,00,00, and KRW 300,000 (the amount of money remitted) to the Plaintiff’s account, and the Defendant’s transfer the amount of KRW 10,000,000 to the Plaintiff’s account.

The above money shall be money from among the Director of the Department of Transactions and Collection with respect to the money.

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