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(영문) 인천지방법원 2020.05.21 2019나3752
물품대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The plaintiff's assertion that on February 21, 1998, the plaintiff sold the kitchen equipment to the defendant for KRW 7.50,000,000, and around that time, delivered the above kitchen equipment. The plaintiff was paid 1.50,000,000 out of the above purchase price, and did not receive the remainder.

The defendant is obligated to pay to the plaintiff 2,500,000 won, which is the aggregate of the remainder (600,000 won) and the late payment damages for the amount of 60,000 won.

B. The Defendant denies the authenticity of the evidence No. 2 (purchase contract).

Therefore, the authenticity of Gap evidence 2 must be proved by the plaintiff, and there is no evidence to acknowledge it.

Only other evidence submitted by the Plaintiff is insufficient to support the Plaintiff’s assertion.

2. Conclusion, the Plaintiff’s claim of this case must be dismissed for lack of reasonable grounds.

Since the judgment of the first instance is unfair in conclusion, it is so decided as per Disposition.

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