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(영문) 제주지방법원 2019.07.10 2018나1193

물품대금

Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a person who produces and sells air sculptures, and the Defendant is a person who plans benching in the astronomical City of Boan and engages in benching equipment and sirens.

B. On December 17, 2017, the Plaintiff entered into a sales contract with the Defendant to sell air sculptures totaling KRW 9 million (hereinafter “instant sales contract”).

Product Price per Switzerlanda 2.5 million won per 1,500,000 won per 1,500 won per 1,500,000 won per 2,500 won per 1,50,000 won per 1,500 natural stage

C. On the same day, the Defendant paid down payment of KRW 3 million to the Plaintiff, and received the foregoing air sculptures, and prepared and delivered to the Plaintiff a letter of performance (hereinafter “instant performance letter”) stating that the remainder of the purchase price would be paid by January 31, 2018.

The defendant did not pay the above 6 million won to the plaintiff until now.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 6, the purport of the whole pleadings

2. According to the reasoning of the judgment on the Plaintiff’s cause of claim, the Defendant is obligated to pay the Plaintiff the above purchase price of KRW 6 million and damages for delay, barring special circumstances.

3. Judgment on the defendant's defense

A. The defendant asserted that the defendant could not use one natural stage among the above air sculptures and two emotional items as defective, and accordingly, he claimed that the plaintiff could not respond to the plaintiff's claim because the plaintiff requested return of the above air sculptures, but the plaintiff refused to communicate while avoiding contact.

(b) the evidence, Gap 3, 5 (including paper numbers; hereinafter the same shall apply) incurred prior to the facts of recognition;

In full view of the purport of the entire pleadings, the following facts are recognized in relation to the testimony of the witness C, the entry of the evidence of Nos. 1 to 3, and the testimony of the witness C:

(1) The natural stage among the air sculptures purchased by the Defendant from the Plaintiff shall be a natural stage.