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(영문) 청주지방법원충주지원 2015.02.11 2014가단3385

물품대금

Text

1. The Defendant’s KRW 12,00,000 as well as the Plaintiff’s annual rate of KRW 5% from April 17, 2014 to February 11, 2015.

Reasons

1. The facts under fact-finding do not conflict between the parties, or if the entries in Gap evidence Nos. 1 to 7, and Eul evidence No. 3 are added to the whole purport of the pleadings, they may be admitted, and there is no counter-proof to reverse its recognition.

On January 28, 2014, the Plaintiff imported freezings in China and requested the Defendant to dry processing, and the Defendant supplied approximately five tons of dry drilling to the Plaintiff on several occasions.

On December 27, 2013, the 5 tons of the above product was to be supplied by the Defendant to the Plaintiff free of charge on December 27, 2013 (the weight ratio of the product before building when building the product) at the rate of 1.5 tons (the evidence No. 5), which the Defendant agreed to deliver the product to the Plaintiff free of charge, at the level of compensation for less than the expected amount.

contained in this section.

B. The Plaintiff notified the Defendant that he had cocoi in the dry stream supplied to the Defendant, and the Defendant drafted a certificate of exchange of goods (Evidence A No. 4; hereinafter “each letter”) stating that “I will recover mycoi in the 3.5 tons and send the recovered trend by the end of March 2014.” to the Plaintiff.

C. On April 1, 2014 and May 9, 2014, the Defendant supplied the Plaintiff with two ton of dry weight among the quantities specified in each letter, but among them, one ton of dry weight supplied on April 1, 2014 was discovered and returned again to the Defendant.

(A) No. 6. D.

The value per kg is 6,000 won.

2. The gist of the Plaintiff’s assertion was: (a) the Defendant: (b) the Plaintiff agreed to exchange the Defendant’s defective trends of 3.5 tons listed in the respective sheet with the Plaintiff by March 31, 2014; (c) the Plaintiff supplied the Defendant’s defective trends to the customer; and (d) the Plaintiff agreed to exchange the 1.5 tons of returned goods and the 5 tons

However, the defendant does not implement the above agreement, and the defendant has a duty to compensate the plaintiff for the amount of KRW 31,500,000 (kg per 63,000) for the total value of five tons.

3. Determination

A. The defendant shall have the quantity of 3.5 tons stated in each letter.