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(영문) 창원지방법원 2020.01.09 2019나1453
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Gangseo-gu Busan District Court’s vice versa (hereinafter “the instant telecom”) registered the ownership transfer registration under the name of D on February 1, 2017 on the grounds of sale and purchase as of March 7, 2017, and as of March 7, 2017, the ownership transfer registration was completed in the name of D as of March 7, 2017. As of September 4, 2017, the Busan District Court’s Seo branch branch branch office and the registration of Busan District Court’s vice-branch branch office and the registration of the ownership transfer registration claim for each one/2 portion under the name of Defendant and E was completed.

B. On December 29, 2017, the Plaintiff supplied the Defendant with materials, such as others and cement, and on January 5, 2018, the Defendant remitted KRW 12.1 million to the Plaintiff on January 5, 2018.

C. On February 5, 2018, and March 31, 2018, the Plaintiff supplied materials to the instant telecom.

As above, the Plaintiff issued an electronic tax invoice of KRW 32,780,550, 100, 10,965,90 to the Defendant with respect to each material supplied on February 5, 2018 and March 31, 2018, and issued a marina tax invoice for KRW 8 million on March 31, 2018.

E. D: (a) April 2, 2018, KRW 10 million, and the same month to the Plaintiff.

6. Each remitted 5 million won.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 7 (including virtual number) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff received a request from D for the supply of materials, and supplied the Defendant with construction materials, such as cement (hereinafter “instant materials”) on February 5, 2018, March 31, 2018, and so far, 20,746,450 won (i.e., KRW 10,965,90 (= KRW 32,780,550) - 8 million tax invoices - KRW 15 million paid by D). As such, the Defendant is obligated to pay it.

B) Since the Defendant promised to pay the price in the currency with the Plaintiff around November 21, 2018, the Defendant is obligated to pay the unpaid materials. 2) The Defendant’s assertion is supplied with the instant materials from the Plaintiff.

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