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(영문) 수원지방법원 2019.09.19 2019나54924
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Summary of the parties' assertion

A. The Plaintiff continued to sell and sell automatic EX connection goods, which are telecommunications goods, to the Defendant, and sought payment of KRW 27,476,803 out of the outstanding amount, until January 2018.

Meanwhile, the details of repayment of KRW 16,017,193, December 31, 2013, 2013, No. 33 of the Customer Director (A2) submitted by the Plaintiff as evidence, did not have any fact that the Plaintiff was actually able to collect, but merely was prepared at the rate of purchase sales at the settlement of accounts in the fiscal year 2013, and thus, it still remains as an outstanding amount. Thus, the said money also includes the outstanding amount.

B. On December 31, 2013, the Defendant asserted that the Plaintiff made a false statement in the Customer Director, KRW 16,017,193, which was actually repaid, and the outstanding amount remains only KRW 11,459,610,00.

2. The key issue of the instant case is whether the actual transaction price has been paid, such as the statement of 16,017,193 won among the statement of the Customer Director submitted by the Plaintiff.

The following circumstances are acknowledged in accordance with the purport of Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 1 and 2 and the purport of the argument, namely, the plaintiff and the defendant engaged in credit transactions for a considerable period of time, the plaintiff entered in the customer ledger that he/she received KRW 16,017,193 from the defendant on December 31, 2013, and the plaintiff set the claim amount on the premise that the above money was paid at the time of filing the first lawsuit in this case. The plaintiff's settlement of accounts in 2013 is recognized as having received the above money, and there is no other evidence to acknowledge that the above customer ledger was false, and the defendant submitted its president (3). Accordingly, the transaction outstanding amounts until the time of 2016 submitted by the plaintiff to 24,272,632 won and the account amount of KRW 36,37,200 won from the date of 2016 of the customer ledger (A2).

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