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(영문) 광주지방법원 해남지원 2018.08.07 2017가단22206

매매대금

Text

1. The Defendant’s KRW 168,514,570 for the Plaintiff and 6% per annum from February 28, 2018 to August 7, 2018.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap's evidence Nos. 1, 2, and 3, the plaintiff and the defendant concluded a supply contract with the defendant around October 2017 (the contract was drafted on October 25, 2017) to supply 430 won per kilogram, and the plaintiff concluded a supply contract with the defendant for standard shipment (the delivery contract of this case was made with the defendant exceeding 2 double leafs of sufficient distribution). In the case of the product shipment (the shipment made out of the correct distribution drilling and then the shipment was made out in a skin box) to recognize the entire actual supply weight as the delivery weight. In the case of the product shipment (the shipment made out only cutting off only the root part of the correct distribution weight, with the delivery weight of 85% of the actual supply weight, the plaintiff entered into a supply order with a total of 10g to 150g from 2017 to 147.25g from 2017; hereinafter "the supply order").

In regard to this, the defendant asserts that the contract is merely a formally stated 430 won per unit price of delivery per 1kg, and that in fact, the plaintiff and the defendant agreed that the delivery unit price shall be the market price at the time of arrival of the plaintiff to the additional defendant for distribution supplied by the plaintiff.

As long as the establishment of a disposal document is recognized as authentic, the court shall recognize the existence and content of the expression of intent as stated therein, unless there is any clear and acceptable reflective evidence that denies the contents of the statement (see, e.g., Supreme Court Decision 94Da16601, Feb. 10, 1995). Since Article 2(3) of the supply contract for delivery of delivery of delivery document No. 1, which is recognized as authentic, states that the delivery unit price per 1 km is 430 won per 1 km, the court shall recognize the existence and content of the expression of intent as stated therein, unless there is any clear and acceptable reflective evidence that can deny the contents of the statement.