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(영문) 부산지방법원 2019.11.27 2019나46701
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The party's assertion and judgment

A. On February 16, 2016, the Plaintiff supplied 472.8km and 20 km to the Defendant on February 16, 2016. However, the Plaintiff issued the transaction statement in the U.S. Pasan District Court Decision 47.28 km due to the employee’s mistake, and only received the price for the above 47.28 km from the Defendant, and the Defendant shall pay the remainder to the Plaintiff. 2) The transaction statement submitted by the Defendant to the Plaintiff is properly indicated in the 47.28 km of the No. A. 47.28 km in the said transaction statement, and the part “Quantities 20” in the said transaction statement is merely an erroneous entry “Quantities 2”, and the Defendant is not obligated to pay the amount to the Plaintiff exceeding the above 47.28 km.

B. We examine the following circumstances, namely, ① the number of stuffs at the time of receiving goods from the Plaintiff’s employee, namely, the number of stuffs at the time of obtaining goods from the Plaintiff employee, namely, the fact that the employee appears to confirm the quantity thereof, ② the transaction statement is indicated as “number 20”, and the Defendant’s employee did not raise any problem when receiving the goods; ③ the Plaintiff’s employee’s transaction account book also includes the amount of 20,47.28 km; ④ the Plaintiff’s employee’s error was found on June 13, 2016; ④ the day immediately notified the Defendant’s representative director thereof and requested payment of additional amount; ⑤ the Plaintiff purchased 88 gambs from the Defendant Company around January 7, 2016, and the Plaintiff sold 10 gambs at each of the above 2016 ggs to the Defendant, based on the following facts:

Therefore, the Defendant, from the purchase price of KRW 5,200,80 (=472.8kg x 11,000) to the Plaintiff, KRW 520,080 already received from the Defendant 520,080 x 11.

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