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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures, produces, and sells pharmaceutical products and health food, and the Defendant is a person who operates a mutual member, i.e., a member of the Green-ro 41, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.
B. The Plaintiff entered into an agreement with the Defendant to supply the produced or imported medicine (hereinafter “instant product”) and supplied the instant product to the Defendant from January 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 7, the purport of the whole pleadings
2. Assertion and determination
A. As the Plaintiff sought payment of KRW 8,301,471 for the unpaid amount of KRW 8,301,471, the Defendant is obligated to pay KRW 8,056,06 for the remainder of the goods, excluding KRW 245,465,06, which the Defendant refused to receive by the Defendant under the transaction statement (Evidence A 11) according to the overall purport of the arguments and arguments, since the Plaintiff sought payment of KRW 8,301,00,00 for the unpaid amount to the Defendant, the Defendant is obligated to pay the Plaintiff the above KRW 8,056,06,06, and delay damages therefor.
Meanwhile, the defendant defense that the stamp image affixed on the 3 through 5, 7 through 9, 12, 14 through 19 of the above transaction statement (Evidence No. 11) is forged by the employees of the delivery company, not the defendant's stamp image. However, the following circumstances can be comprehensively taken into account the above evidence and the overall purport of the entries and arguments as stated in the Gap evidence Nos. 12 and 13, i.e., ① the transaction of the goods of this case takes place in the manner that the plaintiff requests the delivery of the goods to the delivery company and the delivery company delivers the goods to the defendant. The transaction statement is made after the defendant takes over the goods from the delivery company, and after signing or signing it, the defendant delivers the delivery company with the seal affixed to the delivery company, and ② the different two seals from the defendant's name in the transaction statement.