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(영문) 광주고등법원 2016.01.29 2015나11945
물품대금
Text

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

According to the purport of Gap evidence Nos. 1-2 and 1-2, the plaintiff received a request from the defendant for the supply of the whole of the arguments, and the plaintiff is obligated to pay 157,100,000 won [130,000 won x (130,000 won x 130,000 won x 130,000 won x 140,000 won x 140,000 won x 140,000 won x 140,000 won x 330,000 won x 50,000 won x 157,10,000 won x 1330,000 won x 130,000 won x 130,000 won x 130,000 won x 50,000 won x ; 2000.

In regard to this, the defendant argues that at the time of the conclusion of the above supply contract, both parties agreed to adjust the price of the 330 foot transshipment at the time of shipment, but there is no evidence to acknowledge it.

Next, the defendant asserts that the remainder of the supply price of the above-mentioned cargo, excluding the amount of KRW 20,000,000 which was already paid, was agreed to be paid at the time of shipment by the defendant in the form of the entire uniform, but there is no evidence to acknowledge the above assertion.

Finally, the defendant asserts that the whole lapary paper, which was supplied as above, has a defect such as the death of a majority without growing up due to the reason that the majority did not grow properly, but there is no evidence to acknowledge it.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 137,100,000 with the unpaid amount of the deposit, and the damages for delay calculated at the rate of 20% per annum from February 4, 2015 to the date of full payment, which is the day following the delivery date of the complaint, to the day of full payment.

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is dismissed as it is without merit.

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