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(영문) 서울서부지방법원 2017.12.07 2016가단253245
물품대금
Text

1. As to the Plaintiff KRW 121,545,50 and KRW 117,98,00 among them, the Defendant shall start on December 1, 2010, and the remainder of KRW 3,557.

Reasons

This case is related to the case of this Court 2016dan17029.

1. Facts of recognition;

A. Since before 2009, the Plaintiff has supplied the Defendant, who operates the main household manufacturing business under the trade name C, with goods such as human lighting agency.

B. On January 2009, the Defendant established a corporation of KRW 50 million as D, a corporation, which became its representative director, and thereafter supplied goods.

C. After that, on November 16, 2009, the Defendant prepared a statement of customer balance inquiry to the Plaintiff stating that “The amount of the unpaid goods by November 16, 2009 is KRW 370,216,600,” which read that “the amount of the unpaid goods is KRW 370,216,600.”

(A) Nos. 6 and 370,216,60 won in the business balance inquiry statement of the above business partners is the aggregate of the amount of the Defendant’s personal business and the amount of the goods supplied after the establishment of the D Juristic Person. The Defendant signed the Defendant’s personal signature in the business balance inquiry statement and affixed the corporate seal of the corporation next thereto).

The Plaintiff received a written statement of customer balance and continued to supply goods equivalent to KRW 116,323,400 in addition to the total amount between October 201 and October 2010. The supply details and the amount paid are as stated in the “Sales” column and the “amount paid” column in the attached Table.

Accordingly, if the amount of the Plaintiff’s claim for the amount of goods is settled, the amount of the Plaintiff’s goods price is KRW 370 million in the balance of the goods price up to November 2009 and KRW 116 million in the amount of goods price supplied from then to November 201, 2010. Here, if the amount of the Plaintiff’s goods price is deducted from the amount paid to the Plaintiff due to E apartment and Gyeonggi-si’s real estate price according to the payment agreement and payment agreement, then the amount of the Plaintiff’s goods price remains KRW 118,915,00 in the final amount of the Plaintiff’s goods price.

Accordingly, on November 8, 2010, the defendant paid to the plaintiff the balance of the price of goods as of November 8, 2010, KRW 118 million.

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