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(영문) 청주지방법원 2015.11.11 2014가단22017
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. The Plaintiff entered into a contract to supply oil to the Defendant; from January 2, 2012 to January 20, 2012, the Plaintiff sold 5,760 liters per liter, 1,740 won per liter; from January 21, 2012 to February 20, 2012, 9,350 liters per liter, 1,770 won per liter; and from May 15, 2012 to September 21, 2012, 32,394,262 won in total by applying a unit price based on the market price.

Therefore, the Defendant recognized that the Plaintiff’s total sum of the oil payments amounted to KRW 58,966,162 ( = 5,760 liter x 1,740 x 9,350 x 1,770 x 32,394,262) minus KRW 38,798,200 that was paid to the Plaintiff, the Defendant asserted that the amount was less than the claim amount in the preparatory document dated May 7, 2015.

However, the purport of the claim was not reduced.

There is an obligation to pay damages for delay.

B. The Plaintiff’s assertion regarding the supply of light oil by the Defendant and the unit price per liter by relevant time is acknowledged. However, the total amount of light oil supplied by the Defendant is only the amount corresponding to 38,798,200 won discharged by the Defendant, and there was no further provision of light oil.

2. The fact that the total sum of transit supplied by the Plaintiff to the Defendant exceeds the amount equivalent to 38,798,200 won repaid by the Defendant is insufficient to recognize the Plaintiff’s assertion by itself, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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