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(영문) 서울남부지방법원 2015.01.15 2014나53450
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. On February 20, 2009, the Plaintiff and the Defendant entered into a business cooperation agreement with the Defendant to pay the fee to the Defendant, when installing and managing film viewing facilities, etc., the Plaintiff owned by the Plaintiff.

B. On August 20, 2010, the Defendant entered into a contract to supply the computer and film system of KRW 50,000 (hereinafter the contract in this case) with B’s management cherb. Of these, the film system construction cost of KRW 13,600,00 (= KRW 58,700,000 + KRW 150,000 x 58) integrated 70,400,000 integrated cherb, and KRW 1,50,000, and KRW 3,50,000, without stating the quantity of the server, and only KRW 13,60,000,00 were entered in the server’s product(s) supplied to B’s management cherb.

C. On August 30, 2010, the Defendant: (a) leased one server (in the contract, 3,000,000 won Nos. 6-9 (D’s examination report) and 32 of the certificate of No. 6 (D’) to the Plaintiff; and (b) sold 31,000 won to the Plaintiff; and (c) paid 121,000 won to the Plaintiff per unit; and (d) installed the said goods in B’s hotel via the Plaintiff around that time while having received all the said goods and kept them for the Plaintiff.

On the other hand, the defendant received the payment from B, and on October 11, 2010, paid the payment to the plaintiff 1,000.

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