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(영문) 청주지방법원 2015.09.11 2014나3147

조경수대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff supplied the Defendant with landscaped trees equivalent to KRW 17.5 million in total, including KRW 17.5 million, around March 31, 2010, around October 201, KRW 13gs of pine trees, KRW 5gs of pine trees around October 201, KRW 5gs of pine trees around April 28, 201, and KRW 17.5 million, but the Defendant paid only KRW 5 million to the Plaintiff on April 31, 2010 and did not pay the remainder of landscaped trees. As such, the Defendant is obligated to pay the Plaintiff the remainder of landscaped trees (= KRW 12.5 million - KRW 5 million) and delay damages.

B. The Defendant alleged that he purchased five million won of pine trees from the Plaintiff on March 2010, and paid five million won of the price to the Plaintiff on March 31, 2010. However, the Defendant did not receive any supply of pine trees from the Plaintiff in quantity and value as alleged by the Plaintiff.

2. In light of the reasoning of the judgment, as to whether the plaintiff exceeded the part of the person supplied by the defendant and supplied the defendant with landscape trees equivalent to KRW 17.5 million in total, as alleged by the plaintiff, there is a lack of evidence to acknowledge it only by the testimony of the witness C at the trial, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.