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(영문) 인천지방법원 2012.10.11 2011가단66206
물품대금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts (applicable for recognition: Facts of no dispute, each entry in Gap evidence 2, 3, 8, 12, 14, and 15);

A. The Plaintiff is a legal entity that runs the manufacturing and wholesale and retail business of reinforced glass, and the Defendant is an individual entrepreneur who runs the manufacturing business of steel and related products with the trade name B.

B. The sales details of the Defendant who reported to the tax office regarding the period from around 2004 to the first half of 2007 are as follows.

The total amount of supply value shall be 31,827,364 3,182,736 35,010,100 218,69,869,451 245 21,869,451 240,914,050 169,991,405 1691,405 186,905,405 186,405 455 34,738,738,473,808 38,808,211,886 Incheon 45,405,517,505,69696,96396

C. From December 2004 to October 2010, the Defendant paid a total of KRW 511,715,740 to the Plaintiff as the price of goods with regard to the portion supplied at the Incheon workplace and the difficult cancer workplace.

Amount repaid 2004 13,00,000 won 2005 154,802,740 won 2006 217,800,000,000 won 207 54,113,000 won 208 68,000,000 won 2009 6,000,000 won 2000 won 201,00,000 won 514,715,740 won in total

2. The plaintiff's assertion is the cause of the claim in this case. The plaintiff supplied favorable products to the defendant respectively at the Incheon workplace and the difficult cancer workplace. ① The plaintiff asserted that the remaining price from November 2004 to December 31, 2006 was KRW 152,130,688, out of the price of the goods from December 31, 2006, and the remaining price was KRW 52,130,688, 2000, out of the price of the goods paid until February 2010; ② the remaining amount was KRW 52,130,688, 2000, 208, out of the price of the goods supplied from October 2006 to September 2008, the defendant asserted that the defendant had the obligation to pay the goods to the plaintiff.

3. In the instant case, transaction between the original and the Defendant takes place over a long period of time, and the supply of goods and the repayment of the price are frequently made.

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