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(영문) 춘천지방법원강릉지원 2015.01.20 2014나1451
물품대금
Text

1. The defendant's appeal is dismissed.

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

3. The text of the judgment of the court of first instance is set forth.

Reasons

1. Basic facts

A. On April 10, 2013, the Plaintiff sold to the Defendant total of KRW 12,60,000,000, total of KRW 2,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

B. On August 16, 2013, the Defendant paid only KRW 2,560,000 to the Plaintiff.

[Ground of recognition] The evidence No. 1-3, Gap evidence No. 2-2, and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 10,040,000 (=12,600,000 - 2,560,000) and damages for delay at the rate of KRW 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from February 28, 2014 to the date of full payment, following the day when a copy of the instant complaint was served on the Defendant.

As to this, the Defendant merely received a supply of the amount equivalent to KRW 5,740,00 from the Plaintiff on August 30, 2013, and returned the amount equivalent to KRW 3,80,000 from the Plaintiff on December 17, 2013, and the unpaid amount of goods is merely KRW 1,940,000. However, the Defendant’s assertion that each statement of KRW 1 and 2 is difficult to recognize it, and there is no other evidence to acknowledge it, and the Defendant’s assertion is without merit.

3. The conclusion is that the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. The decision of the court of first instance is delivered with the decision of the court of first instance as stated in Paragraph (3) of this Article, since it is modified according to the reduction of the plaintiff's claim at the trial.

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