(영문) 광주지방법원 2018.01.10 2017나3662 | 리걸엔진

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(영문) 광주지방법원 2018.01.10 2017나3662

물품대금

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. The facts of recognition, on April 27, 2015, that the Plaintiff entered into a contract for the purchase of agricultural produce (hereinafter “instant contract”) with the Plaintiff selling in KRW 4,500,000,000 (hereinafter “the instant contract”), and that the Defendant paid the Plaintiff the purchase price of KRW 1,00,000 on April 27, 2015, plus KRW 2,700,000,000 on June 15, 2015, did not conflict between the parties, or is recognized in full view of the purport of the entire pleadings in the statement in subparagraph 1.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,800,000 for unpaid purchase price under the instant contract (= KRW 4,500,000 - KRW 2,700,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 7, 2017 to the date of full payment, which is the day following the delivery date of a copy of the instant complaint sought by the Plaintiff.

C. The Defendant’s assertion argues that, at the time of entering into the instant contract, the Plaintiff and the Defendant agreed to adjust the sales price according to the state of the crops at the time of shipment and the market price, and that the Plaintiff and the Defendant agreed to reduce the sales price as KRW 2,700,000 under the said contract from June 2015 to KRW 2,70,000, which was reduced to the Defendant, did not have any obligation to pay the unpaid sales price to the Plaintiff.

According to the evidence No. 1, B, it is not sufficient to acknowledge that the Plaintiff agreed to reduce the purchase price of this case to KRW 2,700,000 on the sole basis of the circumstance that the Plaintiff requested the Defendant at the time of the increased shipment, or the evidence submitted by the Defendant, and that the Plaintiff agreed to reduce the purchase price of this case to KRW 2,70,00, and there is no other evidence

2. If so, the plaintiff's claim of this case should be accepted for reasons.

The judgment of the first instance is just in conclusion, and thus, the defendant is the defendant.

참조조문

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