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(영문) 청주지방법원 2015.02.13 2013가단9468
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff supplied goods to the Defendant under the name of C (mutual name: D) and processed the goods.

B. As of December 31, 2009, the amount that the Defendant, as of December 31, 2009, failed to pay to the Plaintiff for the goods price and processing costs is KRW 82,660,000

C. The amount that the Defendant later paid to the Plaintiff is KRW 136,817,300.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The parties' assertion

A. A. A summary of the Plaintiff’s assertion 1) The amount of the goods and the amount of the processing cost supplied by the Plaintiff to the Defendant is KRW 167,130,000 ( = KRW 92,660,000) (= KRW 74,470,00). 2) The Plaintiff was paid a total of KRW 136,817,300 from the Defendant.

3) Therefore, the Defendant is liable to pay the Plaintiff the price for the goods unpaid and the processing cost of KRW 30,312,700 ( = 167,130,00 won - 136,817,300) and damages for delay thereof. (B) The summary of the Defendant’s assertion is KRW 127,760,00 in total ( = 82,660,000 in total) that the Plaintiff supplied to the Defendant and the amount of the cost for the goods supplied to the Defendant and the cost for the processing (= KRW 2,50,600 in total).

2 The Defendant paid a total of KRW 136,817,300 to the Plaintiff.

3. Determination

A. 1) The Plaintiff asserted that the amount of the goods supplied to the Defendant and the amount of the processing cost are KRW 167,130,000, in total, but the Plaintiff appears to be the Plaintiff’s assertion due to the Plaintiff’s mistake and recognized that the amount of KRW 10,00,00, out of the above amount was an error on the fourth date for pleading. Therefore, the Plaintiff’s assertion is that the amount of the goods supplied to the Defendant and the amount of the processing cost are KRW 157,130,000 ( = 82,660,000) (=7,760,000).

3) Accordingly, the difference is KRW 29,370,00 (=157,130,000 + 127,760,000).

As seen below, KRW 29,370,000 of the above difference is recognized by the defendant among Coco processing costs of KRW 15,870,00,00 for cocoa processing costs, and KRW 16,00,000 for Cocoa processing costs between January and June 2009 as claimed by the plaintiff.

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