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(영문) 의정부지방법원 2015.09.04 2014나15751

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. According to the purport of Gap evidence Nos. 1 through 7 and all pleadings as to the cause of the claim, the plaintiff entered into a contract with the defendant on October 2, 2013 to determine the system windows to be used for the building construction of Gwangju Dong-dong B (hereinafter "the contract of this case") as 59,000,000 won (excluding value-added tax) and to supply them (hereinafter "the contract of this case"). The plaintiff produced and supplied the above system creation to the defendant from October 2, 2013 to November 2, 201, according to the contract of this case, the defendant is obligated to pay the plaintiff the total amount of KRW 0,000,000, KRW 00, KRW 10,000, KRW 10,000, KRW 00, KRW 10,0000, KRW 90, KRW 10,000, KRW 9,000, KRW 10,000, KRW 9,205.

2. The defendant's argument that the contract of this case was concluded at a price higher than 33% of the market price in a situation where the plaintiff's mistake was omitted in the plaintiff's false statement that he would produce and supply the above system windows at the lowest price in the same industry. Thus, the defendant alleged that the plaintiff does not have an obligation to pay the plaintiff the remainder of the goods equivalent to the above market price exceeding the market price out of the price under the contract of this case. However, it is insufficient to recognize that the plaintiff deceivings the defendant as above and caused the defendant to enter into the contract of this case at a price higher than 33% of the market price, and there is no other evidence to acknowledge this otherwise.