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(영문) 광주지방법원 목포지원 2018.10.24 2017가단54983
물품대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the claim against the defendant Dong Young-young Agricultural Partnership Corporation

A. (1) The Plaintiff’s assertion (1) concluded a bilateral strike with Defendant Dong Young-gu Agricultural Partnership on July 10, 2014, and supplied the Defendant a total of KRW 62,626,200 (i.e., KRW 7,000 per unit price per network, KRW 7,000, KRW 6,000, and KRW 800).

In addition, the transportation cost of the defendant Dong-young Agricultural Partnership paid KRW 9,630,100 on behalf of the defendant.

However, since Defendant Dong Young-young Agricultural Partnership paid only KRW 55,927,00 as the two-waves, the above Defendant is obligated to pay the Plaintiff the unpaid two-waves of KRW 6,69,200 and transportation expenses of KRW 9,630,100 and delay damages of KRW 16,329,300.

(2) Defendant Dong Young-young’s assertion of Defendant Dong Young-dong Partnership concluded a double-wave sales contract with the same content as the Plaintiff’s assertion, and supplied 8,374 networks from the Plaintiff, but the quality of the contract is too high, and thus, the unit price was adjusted to exclude KRW 800 per network fee from the Plaintiff.

Based on the above adjusted unit price, 55,927,00 won is to be paid to the Plaintiff, and the Defendant Dong Young-gu Agricultural Association paid all of them to the Plaintiff.

In addition, the transportation cost was also paid to the transportation agent by Defendant Dong Young-gu Agricultural Partnership.

B. We examine the judgment, and the fact that the contract was concluded between the Plaintiff and the Defendant Dong Young-gu farming association and that the Plaintiff supplied the chip is not a dispute between the parties.

However, according to the statement No. 5, witness witness evidence and the purport of the whole testimony and arguments, after the conclusion of the above sales contract, Defendant Dong Young-gu Agricultural Partnership adjusted the unit price to the effect that it does not pay KRW 800 per network fee to the Plaintiff through D, who is the head of the Plaintiff at the time of the conclusion of the above sales contract, through D with the authority to determine and adjust the two-waves price.

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