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(영문) 서울고등법원 2017.03.16 2016나11945
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. Judgment on the plaintiff's claim

A. On March 1, 2014, the Plaintiff entered into a contract for the supply of money with the Defendant on March 1, 2014, and supplied the Defendant with 137,523,04 won from March 21, 2014 to March 31, 2014, there is no dispute between the parties.

B. Therefore, barring any special circumstance, the Defendant is liable to pay to the Plaintiff the unpaid land price of KRW 137,523,044 and delay damages therefor.

2. Judgment on the defendant's defense

A. 1) As to this, the Defendant is a stock company B (hereinafter “B”).

(2) From April 17, 2014 to May 14, 2014, the Defendant asserted that the Plaintiff paid KRW 65,190,968 out of the unpaid land price to the Plaintiff instead of the Defendant. 2) Doctrine, B paid the said amount to the Plaintiff on April 17, 2014, and KRW 65,190,968 in total, KRW 16,304,736, April 30, 2014, and KRW 65,190,968 in total, were not disputed between the parties, but there is insufficient evidence to acknowledge that the Plaintiff paid the said amount to the Plaintiff in order to pay the unpaid land price on behalf of the Defendant.

Rather, according to the overall purport of the statements and arguments stated in Gap evidence Nos. 4 through 5 (including each number, if any) and the whole purport of the arguments, Eul is recognized as having been directly supplied by the plaintiff in an amount equivalent to KRW 220,569,895 from March 4, 2014 to March 14, 2014, and KRW 65,190,968 that Eul paid to the plaintiff as part of the purchase price.

3) Therefore, the defendant's defenses are without merit. (B) The defendant's defenses are without merit. (1) The defendant included that, among the birth money supplied by the plaintiff and supplied to B, the remaining finite feed, which is not normal feed, and the ground finites considerably fall. Thus, damage exceeding KRW 70,000 has occurred to the defendant. Thus, the defendant's compensation claim for the above compensation for damages against the plaintiff is the plaintiff's claim for the above finite price.

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