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Reasons
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(영문) 의정부지방법원 2017.05.26 2015가단125647
물품대금
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1. The Defendant’s KRW 6,800,930 as well as the Plaintiff’s annual rate from April 26, 2016 to May 26, 2017.

Reasons

1. Facts of recognition;

A. From January 22, 2013, the Plaintiff supplied salt, etc. to a business entity with the trade name “B (representative C)” and supplied salt, etc. to a business entity with the trade name “D” after January 26, 2013.

B. However, on January 26, 2013, the Defendant registered the business with the trade name “D” and allowed the said C to use the trade name “D”.

C. The price for the goods that the Plaintiff failed to supply salt, etc. to “B” until January 22, 2013 is KRW 75,736,190.

(See Evidence No. 9, No. 1, d.)

On the other hand, after January 23, 2016, the Plaintiff supplied salt, etc. to “D” from January 23, 2016 to September 30, 2014. The sum of the Plaintiff’s sales proceeds and the Defendant’s inputs during the said period are as follows.

(A) The sum of the Plaintiff’s total sales proceeds is KRW 14,256,00,00, out of the total sales proceeds of KRW 128,478,680, which is the aggregate of the Defendant’s inputs, on January 26, 2013, excluding the total sales proceeds of KRW 128,478,680, which is the sum of the sales proceeds of KRW 114,256,00,00, from January 22, 2013 to January 22, 2013, which is before the Defendant’s business registration.

According to the evidence No. 101,096,00 won No. 5,7, and 8, C deposited to the Plaintiff the sum of KRW 20,000,000,000 as of February 5, 2013, among the amount of KRW 121,096,000,000,000 as of January 31, 2013, of KRW 121,096,000,000 as of February 15, 2013, and the sum of KRW 20,00,000,000 as of February 15, 2013, the above amount of KRW 20,00,000 shall be excluded from the Defendant’s admission.

- On January 10, 2014, KRW 140,696,930, total of KRW 32,800,000 on September 30, 2014, KRW 140,696,930 on the aggregate of KRW 32,80,000 on September 30, 2014, there is no dispute over KRW 13,896,00 on the ground of recognition [based], entry in the evidence Nos. 1, 2, 4, 5, 7, 8, 9, and 10 on the ground of

2. Determination as to the assertion on the cause of claim

A. The Plaintiff asserted the cause of the claim that the Plaintiff supplied salt, etc. to the Defendant and received a total of KRW 72,537,120, and thus, the Defendant did not pay the amount of goods payable to the Plaintiff.

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