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(영문) 의정부지방법원 2018.07.04 2018나627
가스대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Comprehensively taking into account the respective descriptions and arguments of Gap evidence Nos. 1 through 7 (including branch numbers, if any) as to the cause of the claim, the plaintiff entered into a liquefied petroleum gas supply contract with the defendant for the supply of gas to the business operated by the defendant two times, and provided gas according to the above supply contract. However, the defendant did not pay to the plaintiff the gas price of KRW 24,758,520, total amount of the unpaid gas price of KRW 21,529,700 and the gas price of KRW 3,228,820 during the proceeding of the lawsuit in this case.

Therefore, the defendant is liable to pay the above 24,758,520 won and damages for delay to the plaintiff, unless there are special circumstances.

2. The defendant's assertion and defense

A. The Plaintiff’s arbitrary entry of the supply price in the column of the supply price in the contract for liquefied petroleum gas supply concluded on June 1, 2014 by the original Defendant on the summary of the claim that the Plaintiff arbitrarily stated the supply price is invalid, as the Plaintiff voluntarily entered the price in the supply price column in the contract for liquefied petroleum gas supply.

(2) In a case where there is a dispute as to whether a part of a contract for determination is modified or not, even if one party denies its formation, the authenticity is presumed to have been established if the other party denies its authenticity. Thus, whether there was an alteration of the document thereafter shall be proved by the claimant of the alteration (see, e.g., Supreme Court Decision 95Da4674, Nov. 10, 1995). The evidence submitted by the defendant alone is insufficient to recognize the fact that the Plaintiff voluntarily entered the price per mar in the supply price column of the supply price column of the above contract after signing the defendant, and there is no other evidence to prove

Rather, in full view of the purport of Gap evidence No. 1-1 ( Liquefied petroleum gas supply contract) and the whole argument, the plaintiff prepared a supply contract in the office with the above supply price as a disturbance and sought the supply price to the defendant.

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