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(영문) 광주지방법원 순천지원 2018.08.09 2017가단78329
매매대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion: (a) from September 26, 2016 to April 7, 2017, the Plaintiff supplied ready-mixeds equivalent to KRW 65,992,190 to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”); and (b) Defendant D jointly and severally guaranteed the Defendant Co., Ltd’s obligation to pay back-mixeds (hereinafter “instant ready-mixeds obligation”).

On the other hand, Defendant D is supplied with ready-mixeds from the Plaintiff and did not pay KRW 15,568,590 and KRW 7,160,120.

Therefore, Defendant D shall pay to the Plaintiff KRW 32,741,80 ( KRW 15,568,590, KRW 7,160,120, KRW 10,090, KRW 10,013,090) and damages for delay thereof. The Defendant Company shall jointly and severally pay to Defendant D the balance of the obligation for the instant ready-mixed price and damages for delay.

2. According to the overall purport of evidence Nos. 1, 2, 1, 4, and 5 (including paper numbers) and each purport of the pleadings, the Defendant Company entered into a contract for the supply of ready-mixed with the Plaintiff on September 15, 2016, and supplied ready-mixed with the Plaintiff on November 25, 2016, the Defendant Company paid KRW 55,000,000 to the Plaintiff on November 25, 2016 according to the electronic tax invoice prepared by the Plaintiff on November 22, 2016, and thereafter, on August 9, 2017, the Plaintiff claimed payment of KRW 55,979,100 against the Defendant Company on August 9, 2017, and the fact that the Plaintiff again paid the remainder to the Plaintiff on September 10, 2015 and KRW 30,000 to the Plaintiff on September 19, 2017.

Considering these facts, the evidence alone, such as the transaction statement and electronic tax invoice unilaterally prepared by the Plaintiff, is insufficient to recognize the balance of the debt of the instant ready-mixed amount of KRW 10,013,090 or other Plaintiff’s assertion. It is reasonable to recognize otherwise.

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