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(영문) 광주지방법원 2017.04.21 2016나3399

물품대금

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

First, the Plaintiff’s assertion: (a) the Plaintiff entered into an agreement with the Defendant to pay the purchase price for the steel plate when the Plaintiff purchased and supplied the steel plate to the Defendant (hereinafter “instant supply agreement”).

Accordingly, since the Plaintiff purchased and supplied the iron plates equivalent to 70,239kg from D Company, the Defendant is obligated to pay 50,840,000 won to the Plaintiff according to the supply contract of this case.

Second, the plaintiff cut and processed iron plates equivalent to 112,76kg and supplied it to the defendant. Since the processing cost of small parts necessary for anchoring is 250 won per 1 km, the defendant is obligated to pay the plaintiff the steel board processing cost of 27,50,000 won (i.e., 110,000 g x 250 won).

The defendant's assertion did not conclude the supply contract of this case with the plaintiff, and the defendant directly purchased the iron plates of 58,58 km, and only requested the plaintiff to cut the said iron plates.

In addition, the iron plates that the plaintiff cut and processed are not 112,766 g, but 58,558 g, and the processing cost is not 250 won per 1 km, but 80 won.

In light of the following circumstances acknowledged as to the existence of the instant supply contract between the Plaintiff and the Defendant as to the existence of the instant supply contract and the entire purport of the pleading, namely, ① there is no disposal document stating the terms of the instant supply contract between December 19, 2013 and March 4, 2014; ② the Defendant purchased iron plates of 58,58km in total at 53,810km from the end of December 27, 2013 to the end of March 27, 2014, and the purchase of pipes and forward seals of 53,810km in total from the date of March 2013 to the point of view, there is insufficient evidence to acknowledge that the Defendant concluded the instant supply contract only with the testimony of the witness of the first instance trial and each statement of subparagraphs 1 through 4, 6, and 7 (including each number).