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(영문) 대구지방법원 서부지원 2018.08.23 2016가합51904
물품대금
Text

1. The Defendant: (a) KRW 400,000,000 for the Plaintiff and 6% per annum from December 1, 2015 to October 6, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company that sells the chemical team, and the Defendant is a person who engages in business, such as wholesale of the chemical team and brokerage of export and import, with the trade name of C.

B. From July 31, 2005 to November 27, 2015, the Defendant traded with the Plaintiff, such as being supplied with the original team from the Plaintiff.

C. During the above transaction period, the Plaintiff supplied the Defendant with a total of KRW 18,127,986,885 won, and the Defendant paid the Plaintiff the total of KRW 17,580,124,813.

The plaintiff and the defendant from 2006 to 2009 are 'the amount to be deducted from the original amount due to defective goods, etc.' to 'the amount to be deducted from the original amount due to defective goods, etc.'

[Attachment 109,453,983 won was agreed upon. [The fact that there is no dispute over grounds for recognition, Gap evidence 1, and the purport of the whole pleadings]

2. Determination as to the cause of action

A. Determination 1 on the return of the original amount of the Plaintiff’s assertion 1) The Plaintiff, upon the Defendant’s request, remitted total of KRW 388,354,300 to the Defendant himself/herself or to the neighboring person’s account, who was designated by the Defendant.

Therefore, 38,354,300 won that the Defendant paid to the Plaintiff was returned as above was not settled.

B) The Defendant did not receive a refund of KRW 388,354,300 from the Plaintiff. Even if the Defendant received the above money, the Plaintiff’s representative director and the Defendant engaged in a separate personal transaction between the original production company and the original processing company in China from 2006 to 2010, which is divided into brokerage fees, and the above money is paid individually by the Plaintiff’s representative director to the Defendant, and is separate from the original payment that the Defendant paid to the Plaintiff. Therefore, the full amount of KRW 17,580,124,813 that the Defendant paid to the Plaintiff was paid to the Plaintiff as the original payment. 2) The fact of recognition as above, and Gap.

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