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(영문) 대구지방법원 2015.07.23 2014나16072
물품대금
Text

1. The part against the defendant exceeding the amount ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The Plaintiff, a company engaged in the business of determining the cause of the claim, supplied the mixed feed from February 2, 201 to June 2012, with the name of “B,” and the fact that the Plaintiff was not paid KRW 24,131,290, out of the amount of the feed generated from the said transaction, did not dispute between the parties or the Defendant did not state the fact that the amount of the unpaid feed was 24,131,290, by stating the briefs as of May 27, 2014 at the third date for pleading of the first instance trial, and there was no evidence to prove that the confession was erroneous in the above confession, while it was against the truth and due to mistake.

Inasmuch as the written evidence No. 4 is recognized to add the purport of the entire pleadings, the Defendant is obligated to pay the Plaintiff the unpaid feed price of KRW 24,131,290 and the delay damages therefrom, barring any special circumstance.

2. Judgment on the defendant's assertion

A. The defendant's assertion 1) since the defendant did not receive KRW 20,225,580 from the plaintiff among the Hen's Hen's eggs price supplied to the plaintiff, the above price should be deducted from the above unpaid feed price. 2) The following facts can be acknowledged if there is no dispute between the parties, or if the whole purport of the pleading is added to the statement in Gap evidence Nos. 4 and Eul evidence Nos. 4 through 21 (including the number number). The plaintiff and the defendant produced Hen's eggs using the feed supplied by the plaintiff from February 201 to June 2012, and then supplied the plaintiff's Hen's eggs to "C" designated by the plaintiff using the plaintiff's feed supplied by the plaintiff and then deliver it to the plaintiff at a price below the unit price publicly notified by the Yangyang Association, and the plaintiff traded the difference between the plaintiff's price of Hen's Hen's eggs and the feed price for the above period.

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