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(영문) 춘천지방법원강릉지원 2014.11.06 2014가합89
물품대금
Text

1. Defendant C: (a) KRW 170,750,000 for the Plaintiff and KRW 5% per annum from July 4, 2013 to November 6, 2014; and (b)

Reasons

1. Determination as to the plaintiff's claim against the defendant B

A. The Plaintiff’s assertion is that the Defendants, who run a timber processing business, sold the total sum of KRW 600 million from June 2012 to October 20, 2012, and received KRW 115 million out of the purchase price, but did not receive the remainder of KRW 485 million from the purchase price.

Therefore, Defendant B is jointly and severally liable with Defendant C to pay the remaining raw timber purchase price of KRW 485 million and damages for delay.

B. The evidence No. 3, which appears to be consistent with the fact that Defendant B bears the obligation to pay for the purchase price equivalent to KRW 485 million against the Plaintiff, cannot be used as evidence since there is no evidence to prove the authenticity of the claim. The evidence No. 4-1 through No. 6, No. 5, No. 8, No. 19, and No. 6, and the testimony of witness D are difficult to recognize the above assertion, and there is no other evidence to acknowledge the above assertion. Thus, the Plaintiff’s above assertion is without merit.

2. Determination as to the Plaintiff’s claim against Defendant C

A. 1) In full view of the evidence No. 5, No. 1, No. 1, and the purport of the witness D’s testimony and pleading, the Plaintiff’s assertion to Defendant C around August 10, 2012 (around August 10, 2012; hereinafter “reins”).

(1) The sale of the instant transaction shall be 1,350 won (hereinafter referred to as “the instant transaction”).

(2) The Plaintiff is obligated to pay to Defendant C the total sum of KRW 600 million from June 17, 2012 to October 20, 2012, and the Plaintiff was unable to pay KRW 170,7750,000 out of the instant purchase price. According to the above facts, Defendant C is obligated to pay the Plaintiff the unpaid amount of KRW 170,7750,000 from October 20, 2012 to October 20, 2012. The Plaintiff sold to Defendant C the total sum of KRW 600,000 from June 2012 to October 20, 2012, and paid KRW 115,000,000 from the purchase price. Accordingly, Defendant C was entitled to KRW 10,000,000 from the purchase price.

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