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(영문) 창원지방법원 2015.03.04 2014가단5855
물품대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 11,315,460 to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. From March 11, 2006 to May 23, 2014, the Plaintiff, as a company manufacturing and selling building materials, supplied a composite aluminium panel equivalent to KRW 803,722,115 in the attached commodity transaction specification column to the Defendant, who conducts a business such as construction and steel structure, under the trade name, “B” from March 11, 2006 to May 23, 2014.

B. The Defendant deposited KRW 583,247,575, which is the sum of the pertinent money stated in the “Plaintiff’s account” in the attached sheet of goods transaction with the Plaintiff’s account. Promissory Notes sent KRW 124,790,000, which is the sum of the relevant money stated in the “B” column in the attached sheet, three times as the price for goods. The Defendant deposited KRW 107,00,000,000, which is the sum of the relevant money stated in the “D account” column in the attached sheet with the Plaintiff’s C’s account.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 6, 8, 12, Eul evidence Nos. 5 through 16, and the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts of the determination as to the cause of the claim, the remaining amount of goods due to the continuous transaction between the Plaintiff and the Defendant remains 95,684,540 won (=803,72,115 won - 708,037,037,575 won (124,790,000 won for the settlement of the Plaintiff’s account) that was paid by the Plaintiff at KRW 803,722,115 of the total amount of goods. It is clear that the calculation remains.

Therefore, barring special circumstances, the Defendant is obligated to pay KRW 95,684,490 and damages for delay as claimed by the Plaintiff to the Plaintiff.

B. As to the judgment on the Defendant’s defense of repayment, the Defendant asserted that the Defendant paid a sum of KRW 107,000,000 as stated in the “D account” column in the attached sheet of goods transaction with C, as stated in the Plaintiff’s attached sheet of goods transaction.

Dominants, Gap evidence 9, Eul evidence 12-1 to 3, Eul evidence 14, Eul evidence 17, and Eul evidence 18.

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