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(영문) 대구지방법원 2018.04.25 2017나317493
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The scope of the trial in this Court: (a) at the first instance court, the Plaintiff filed a claim against the Defendant in the first instance court for the payment of the tuition transacted between October 15, 2014 and October 30, 2014; and (b) from October 15, 2015 to October 23, 2015; and (c) the first instance court rendered a judgment dismissing both the claims: (a) the Plaintiff has reduced part of the claims; (b) the Plaintiff has withdrawn the entire claims; and (c) the purport of appeal has been reduced within the scope of the appeal; and (d) the Defendant did not appeal; and therefore, the scope of the trial in this Court is limited to the remaining part of the claims ①.

2. The assertion and judgment

A. The summary of the parties’ assertion 1) The price of the original lecture (However, the price of the original lecture (hereinafter referred to as “the original lecture”) from October 15, 2014 to October 30, 2014 to the Defendant is the same as the “price based on the Plaintiff’s assertion” in the attached Table 2 as indicated in the attached Table 2.

[] Total amounting to KRW 605,234,00 (i.e., total amount of KRW 486,235,000 (i.e., total amount of KRW 118,99,000) when the Defendant excluded the “price based on the Defendant’s assertion” from the “price based on the Defendant’s claim” in the attached Table 2 list of KRW 486,235,00. However, if the Defendant deducts the Plaintiff from the total of KRW 361,00,000, total of KRW 360,000,000, total of KRW 130,050,000, which the Plaintiff shall pay to the Plaintiff, the Plaintiff had the obligation to pay the Plaintiff KRW 114,184,00 (i.e., KRW 605,234,000 - KRW 361,00,000, 1301,401.

However, the Defendant’s total amount of KRW 361,00,000 paid to the Plaintiff in 2014 and the Plaintiff.

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