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(영문) 부산지방법원 2016.04.01 2014나19384
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. Determination as to the cause of claim

A. A. Around August 22, 2013, the Plaintiff supplied the Defendant with “A” (unit price of KRW 85 km) and “A” (unit price of KRW 8,300) and “B” (unit price of KRW 4,300) with the Defendant’s waste payments processed and recovered, and the unpaid amount was KRW 1,286,890 (including value-added tax).

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,286,890 payable to the Plaintiff and the damages for delay calculated at the rate of 20% per annum from July 22, 2014 to the day of full payment, which is the day following the delivery of the instant payment order.

2. Judgment on the defendant's assertion

A. In regard to this, the defendant asserted that the amount of goods was calculated excessively because the actual quantity of the "A" (A) chromatic plate supplied by the plaintiff was 72 km, but there is no evidence to support that the price of goods was claimed excessively than the actual quantity of the "A" (A)" supplied by the plaintiff to the defendant.

B. In addition, the defendant asserts that the price of 130 kg of the waste price of raw materials of the chropane plate (B) collected from the defendant himself should be deducted from the above goods price. Thus, there is no dispute between the parties that the plaintiff was supplied with waste payment, which is the raw materials of the chrode (B) from the defendant, from the defendant, but in full view of the purport of the entries of Gap 1, 2, 4, and 5 evidence (including the serial number) and the video and arguments, the chrode plate (B), which is the b) newly produced by the plaintiff by processing the waste payment requested by the defendant from the brode in light of the whole purport of the arguments and images, can be recognized that the price of the chrode plate (B), which is not the price of the waste payment requested by the defendant supplied by the defendant, and only the plaintiff's clinical processing expenses are reflected in the production process of the chrode (B).

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