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Reasons
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(영문) 서울남부지방법원 2019.01.17 2018나1778
물품대금
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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. According to the counterclaim that was brought at the trial of the court, the plaintiff (a counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The parties' assertion

A. The Plaintiff asserted (1) around November 28, 2016, the Plaintiff supplied the Defendant with hot gas equivalent to KRW 35,007,50,000, KRW 20,350,000, around December 30, 2016, and KRW 14,245,000, around July 3, 2017.

As of November 24, 2016, the Plaintiff received advance payment of KRW 7,775,00 from the Defendant as of December 24, 2016, and received KRW 35,00,07,500 as the global wind price on December 1, 2016.

The defendant shall pay to the plaintiff the remaining amount of 24,207,50 won (20,350,000 won) (20,245,000 won - 7,775,000 won - 2,612,500 won - 35,07,500 won).

(2) The Defendant remitted KRW 33 million to the Plaintiff on September 8, 2015 (hereinafter “instant KRW 33 million”) to the Plaintiff, the representative of the Defendant C, to make an investment and to remit the money to the Plaintiff under the name of the Defendant.

(3) KRW 13,00,000, which the Defendant remitted to the Plaintiff on November 24, 2016 (hereinafter “instant KRW 13,000,00”) was already arranged as the advance payment for the goods.

The Defendant transferred KRW 17,300,000,00 (hereinafter “instant KRW 17,300,000”) to the Plaintiff on December 6, 2016 (hereinafter “instant KRW 17,30,00”) was merely the business promotion expenses that the Defendant lent to the Plaintiff by borrowing the passbook in the name of the Defendant (hereinafter “D”) and did not lend to the Plaintiff.

B. The Defendant’s assertion that the Defendant paid KRW 33 million to the Plaintiff on September 8, 2015, as advance payment of the winding price, and the Defendant received KRW 10,714,00 from the Plaintiff with respect to the said advance payment, and thus, the remainder amount is KRW 22,286,00 ( KRW 33,00,000 - KRW 10,714,000).

On November 28, 2016, 35,007,50 won was paid in full.

The instant KRW 13 million and the instant KRW 17.3 million are leased to the Plaintiff by the Defendant.

Therefore, the remainder of the above advance payment amounting to KRW 22,286,00 and KRW 30,300,000 ( KRW 13,000,000) are the Plaintiff’s product price claim 24,207.

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