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(영문) 대구고등법원 2015.05.12 2014나4430
물품대금
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. In the first instance trial, the Plaintiff sought payment of the amount of goods and the amount of indemnity against the Defendant. The court of first instance partly accepted the portion of the claim for the amount of goods, and dismissed the portion of the claim for indemnity.

Since only the defendant appealed against this, the scope of this Court's trial is limited to the claim for the price of the above goods.

2. Basic facts

A. 1) The Plaintiff is engaged in the furning business, etc. with the trade name “D” in Daegu-gu, and the Defendant is engaged in the wholesale and retail business with the trade name “F” in Dongdaemun-gu Seoul. 2) The Plaintiff supplied the Defendant with goods, such as bedclothes, from around 20 years to February 2013.

B. (1) On November 27, 2012, the Plaintiff of the transaction ledger (a document, etc. related to the price of goods) stating the details of goods supplied by the Plaintiff to the Defendant from the Defendant to November 20, 2012, and the balance of the price of goods KRW 170,694,90, as well as the transaction ledger (a evidence No. 1; hereinafter “the transaction ledger of this case”).

(2) Around February 2013, the Plaintiff signed the sales ledger. (2) Around February 5, 2013, the Plaintiff sent by facsimile the sales ledger (Evidence B; hereinafter “instant sales ledger”) in which the Plaintiff supplied the Defendant by February 5, 2013, the details of the goods and the balance of the price of the goods to the Defendant by February 5, 2013.

3) On May 10, 2013, the Plaintiff issued a written confirmation of balance and a detailed statement of goods transaction to the Defendant of the balance sheet of KRW 186,092,90 (Evidence No. 35, hereinafter “instant balance certificate”).

(1) On the other hand, on May 10, 2013, the Plaintiff sent by facsimile the following details: (a) as of October 23, 2012, KRW 600,000,000 from the Defendant: (b) around November 2012, KRW 180,000,000 on December 17, 2012; (c) KRW 100,000 on January 28, 2013; and (d) KRW 5,00,000 on February 28, 2013; and (d) the balance of the price of goods is KRW 177,692,90 on goods transaction (Evidence 14; hereinafter referred to as “instant commodity transaction statement”).

4) The price of goods shall be reduced partially in 2009.

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