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(영문) 창원지방법원통영지원 2017.08.22 2016가단7318
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 75,324,262 and the interest rate of KRW 6% per annum from November 17, 2016 to the day of complete payment.

Reasons

1. The Plaintiff’s determination as to the cause of the claim was made throughout 1989, and the Plaintiff’s transaction of gas supply was suspended due to the Defendant’s credit accumulated in the supply of LPG gas. The fact that there was no dispute between the parties or that there was a price for gas supply equivalent to KRW 75,324,262 from October 2014, and that there was a price for gas supply equivalent to KRW 75,324,262 from September 13, 2016 is recognized by comprehensively taking account of the respective descriptions in subparagraphs 1 and

Accordingly, the defendant asserts that the above KRW 30,000,000 out of the above KRW 75,324,262 is not a claim for gas supply, but a loan claim, and the defendant did not borrow money from the plaintiff, and therefore there is no obligation to pay.

Although the defendant alleged that Gap evidence Nos. 1, 2, and 5 was forged, it is not accepted as there is no evidence to prove this.

According to the purport of each of the above statements and arguments, it is recognized that the above 30,000,000 won is stated in the Customer Director as "the balance of loans". On the other hand, according to each of the above evidences and arguments, the Plaintiff provided certain amounts of loans to some companies as a way to maintain stable transaction relations with the Plaintiff, and suspended payment of the amount of loans to the extent that it provided such loans in the same form, and the Plaintiff provided loans to the Customer Director for the amount of 30,000,000 won. Accordingly, it is recognized that the Defendant's children C and D provided the Defendant with the Defendant with the intent to operate the Defendant's business, and signed on behalf of the Defendant in the column of the balance of credit for the Customer Director while continuing transactions with the Plaintiff. However, considering the fact that the Defendant did not raise any objection thereto, the circumstance that the Defendant asserted that there was no objection.

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