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(영문) 광주지방법원 2017.12.15 2017나4191
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Basic Facts

The plaintiff is using the trade name "D" in Mayang-si C and 201, which is called "D", the retail business of clothes and the service business of skin use.

On September 7, 2015 and October 1, 2015, the Plaintiff sold the following: (a) sold the clothes under correction, the horses, scarfs, etc.; and (b) provided the Defendant with the face mining and mathing services on October 19, 2015.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, and Eul evidence Nos. 1, and the ground for a claim as a whole of the pleadings, the plaintiff's alleged defendant did not pay the plaintiff the total amount of KRW 4,700,000, total of KRW 4,100,000, and KRW 5,100,000, total of KRW 400,000, and KRW 3,70,000,000 on October 21, 2015. The plaintiff paid the remainder of KRW 5,10,000 (= the above KRW 1,40,000) to the plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff the above 3,700,000 won and damages for delay.

Judgment

According to the evidence No. 1, the plaintiff prepared an application for the purchase of goods to the defendant around December 29, 2015 (hereinafter referred to as "application for the purchase of goods of this case"). The defendant's written application for the purchase of goods of this case and the product's quantity and unit price are stated, and the aggregate of the goods purchased by the defendant from the plaintiff is KRW 2,330,000, and the plaintiff paid KRW 1,200,000 out of the above price of goods of KRW 2,330,000.

According to the above facts, the amount of the goods purchased by the Defendant from the Plaintiff is KRW 2,330,000 in total, and KRW 1,200,00 in total, and the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff supplied the goods equivalent to the total amount of KRW 4,70,000 in total to the Defendant, and there is no other evidence to prove otherwise.

When the plaintiff prepares an application for the purchase of the goods of this case to the defendant, it shall be based on the cost, not the sale, in the same idea.

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