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(영문) 서울고등법원 2020.05.21 2018나2063694

물품대금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is as stated in the part of the “1. Basic Facts” through No. 2, set forth in Part 7 through No. 4 of the judgment of the first instance, except for the cases of writing or adding some parts as follows. As such, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or added parts] Section 2 of Section 10 of the judgment of the court of first instance shall be subject to the "agricultural and water spraying boats" with "agricultural and water spraying boats (hereinafter "previous boats").

Part 2 of the judgment of the court of first instance, each "the above pesticide and water spraying boats" in the 13, 14, and 16 of the judgment of the court of first instance shall be applied to all "previous boats".

Part 3 of the judgment of the first instance, “The following” (hereinafter referred to as “the Plaintiff”) is added, without distinguishing the Plaintiff and D, to only “the Plaintiff”.

Part 3 of the judgment of the first instance court, the "direct position" in Part 7 shall be applied to "direct".

2. Summary of the parties’ assertion

A. The Plaintiff and the Defendant set the instant amount as KRW 1,256,530 per unit in the instant supply contract (including value-added tax). As such, the instant amount as the Plaintiff supplied to the Defendant is KRW 625,751,940 in total (=1,256,530 x 498).

However, the Defendant paid to the Plaintiff a total of KRW 415,50,000 on January 25, 2017, in addition to KRW 390,550,000 as the price for goods, as well as KRW 390,550,00.

Therefore, the Defendant is liable to pay the Plaintiff the amount of KRW 210,201,940 (the amount of KRW 625,751,940 (the amount of KRW 625,751,940) and the amount of KRW 415,50,00 (the amount of KRW 5,835,500) and the amount of KRW 216,037,440, and damages for delay.

B. The price of the instant boats stipulated in the instant supply contract by the Plaintiff and the Defendant is KRW 770,000 per unit (including value added tax) identical to the price stipulated in the instant previous supply contract.

Therefore, the defendant is liable to the plaintiff for the payment of the set of this case.