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(영문) 부산지방법원 2015.06.17 2014나10592

물품대금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact that the Defendant purchased 36,130 g from the Plaintiff on May 3, 2012 is not a dispute between the parties.

2. The plaintiff's assertion that the above sales contract is the sum of 394,116,780 won [346,020 kg, USD 10.5 per kg, USD 5,130 kg, USD 4 per exchange rate of 1,139 won per kg]. Since the defendant paid only KRW 339,96,840, the defendant claimed payment of KRW 54,149,940.

On the other hand, the defendant asserts that the above sales contract's total amount of USD 33,249,480 [$ 294,390 per kg ($ 9 per kg, USD 5,130 g per kg) converted into KRW 1,132 per exchange rate at the time of exchange rate) and that the defendant paid a total of KRW 337,80,000,000, the above sales contract's total amount of KRW 337,80,000.

3. Each of the statements in Gap evidence Nos. 1, 2, and 5, witness C, and witness D are 33,249,480 won when the sales price of the above sales contract is calculated as KRW 1,139 won, the exchange rate alleged by the plaintiff. 335,310,210 won.

[294,390 US$ 1,132 per exchange rate at the time of the above sales contract (31,00kg 9 US$ 294,694,640 (3 US$ 5,130km) exceeded KRW 1,132 per exchange rate at the time of the above sales contract (1,132 US$ 1,132 per exchange rate at the time of the above sales contract) was significant in this court, but the amount to be converted is calculated as KRW 1,132 as alleged by the Defendant, but all of the original Defendant claims that the Korean won converted at the exchange rate at the time of the above sales contract was the purchase price at the time of the above sales contract. Thus, there is no evidence to acknowledge that the Korean won converted at the exchange rate at the time of the above sales contract was the purchase price at the above sales price at 391,694,640 US$ 346,640 per kilogram 105,51,310km per exchange rate at the time of the sales contract at 241§ 7.

However, the Plaintiff received a total of KRW 339,966,840 from the Defendant as the purchase price.