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(영문) 대전고등법원(청주) 2016.11.29 2015나11978
물품대금
Text

1. The judgment of the first instance court, including the primary claim added in the trial, shall be modified as follows.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of manufacturing and selling general living homes, and the Defendant is a juristic person established for the purpose of manufacturing and selling light sources.

On December 2013, the Plaintiff and the Defendant agreed that if the Plaintiff verbally sent to the Defendant an order stating the size, quantity, unit price, etc. of ELD, etc., the Defendant would engage in a transaction by allowing the Plaintiff to deliver the quantity of products listed in the order to the desired place.

B. On December 26, 2013, the Defendant sent to the Plaintiff the e-mail with the following contents (hereinafter “instant e-mail”). On the above e-mail, the Defendant attached the Defendant’s copy of passbook, its business registration certificate, and its certificate of electrical appliances safety to the Defendant’s product, respectively, and the said certificate was about “ Model Name : B”, and 650 K, among the direct e-mail e-mail e-mail produced by the Defendant.

Title: D. Data.

A Company E, as well as well-being A Company E.

The data is sent.

- Ascertainment of the order

(Standard, Quantity, unit price, amount, name of the recipient/person in charge, telephone number, etc.) - It is requested to issue a tax invoice.

- - because they are shipped out of gold day, it is promptly requested to process them.

C. After receiving the instant e-mail from December 26, 2013 to January 16, 2014, the Plaintiff concluded each of the instant e-mail sales contracts (hereinafter “each of the instant sales contracts”) with the Defendant, by placing an order of 16,200 direct e-mail lamps with a market price of KRW 39,8750,00 (hereinafter “instant e-mail”) equivalent to KRW 16,200 as indicated in the following table.

on December 26, 2013, B 22,6,50K 22,500K 22,500,500,00 on December 27, 2013, 200 " " 1,500 on December 27, 2013, 37,125,00 " 1,500 on December 30, 2013, " 37,500 " 1,500 on December 30, 200 " 37,125,00 on April 16, 200 " 1,200, 200, 29, 70, 000, 200, 200, 40, 36, 305, 200, 300, 205

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