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(영문) 청주지방법원 2017.08.16 2017나545
물품대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. The parties' assertion

A. The gist of the Plaintiff’s assertion was from June 15, 2013 to October 2013, 2013, the Plaintiff supplied the Defendant with goods equivalent to KRW 78,182,00, such as white air bags, but the Plaintiff was not paid KRW 14,616,00 from the Defendant. As such, the Defendant is liable to pay the Plaintiff the amount of KRW 14,616,00 for the goods and the damages for delay.

B. The summary of the defendant's assertion was merely supplied with the goods equivalent to KRW 10,820,00 from the plaintiff during the instant period, and the remaining goods of the plaintiff's assertion were supplied by B, C, and D. However, since the defendant paid the above KRW 10,820,00 to the plaintiff as the price for the goods, it cannot respond to the plaintiff's claim.

2. Determination

A. As to the quantity of the goods supplied by the Plaintiff to the Defendant, the following circumstances, i.e., a copy of the transaction report (Evidence A) by period, which the Plaintiff could have comprehensively known by taking into account the respective descriptions and arguments as to the quantity of the goods supplied by the Plaintiff, shall be indicated as the supply of the goods equivalent to KRW 78,182,00, such as the white air e-mail during the instant period. However, the copy of the transaction report by period is difficult to be readily concluded by the Plaintiff to the Defendant for a specific period exceeding KRW 665,00,00, KRW 9,770,000 from September 5, 2013, KRW 9,70,000 from September 30, 2013, KRW 10,000, KRW 200,000 from September 10, 2013, KRW 30,000, KRW 108,013.30,014,000.

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