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(영문) 춘천지방법원 원주지원 2018.03.13 2016가단6940
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 98,171,800 to the Plaintiff (Counterclaim Defendant) and its related amount from June 10, 2016 to December 13, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. The Plaintiff is a person who is engaged in the lumbering business in his/her trade name, and the Defendant is a person who has registered business concerning the lumbering business in his/her trade name and registered business concerning the cargo business in his/her trade name.

B. From March 1, 2016 to March 28, 2016, the Plaintiff supplied the Defendant with a total of 2,012.63 tons of timber, which was planted in the forest of the Fow-gun of Gangwon-do (hereinafter “F field”), and with a total of 396.1 tons of timber, which was filled in the forest of the Hanju-si (hereinafter “G site”) from April 5, 2016 to April 16, 2016, respectively.

[Grounds for recognition] Facts without dispute, Gap evidence 2 (each entry in Gap evidence 1 and 33, H's fact-finding reply on December 22, 2017, Eul evidence 16 and 17 (including serial numbers; hereinafter the same shall apply), summary of the plaintiff's assertion in the whole arguments 1) The plaintiff sold to the plaintiff 2,00.63 tons in total supplied to the defendant at F and 396.1 tons in total ton 60,523,80 won in total 144,523,80 won in 2,400 won in total, 300 won in total, 300 won in total, 40, 400 won in total, 300 won in total (2,408, 63 tons in +6, 396.46, 206, 200 won in total) x 360 won in total, 306.36.46,2006

3) Therefore, the Defendant is liable to pay the Plaintiff the remainder of timber price of KRW 98,171,80 ( KRW 144,523,800 - KRW 46,352,00) and damages for delay. The Defendant’s assertion 1) is not the party that purchased timber from the Plaintiff.

The defendant introduces the plaintiff as a business partner and the plaintiff.

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