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(영문) 광주지방법원 목포지원 2021.01.27 2020가단54068
기타(금전)
Text

Defendant C’s KRW 58,039,950 for the Plaintiff and the Plaintiff’s 6% per annum from August 1, 2020 to January 27, 2021.

Reasons

1. Basic facts

A. From 2016, the Plaintiff entered into a contract with Defendant C for the delivery of chip and reduction of capital cultivated by Defendant C, and received chip and reduction of capital.

B. On August 1, 2017, the Plaintiff entered into a contract between Defendant C and Defendant C to receive spon (spon paper: spon paper) and spon paper (spon paper: 200) (hereinafter “instant contract”). Defendant C shall return 81,00,000 won to the Plaintiff out of the advance payment received under the existing supply contract. The price for supply of spon paper is determined as the purchase price of E association, and the price for supply of spon paper as the purchase price of F.

(c)

On September 6, 2017, the Plaintiff paid KRW 10,320,000 to Defendant C the seed cost.

【Unfounded grounds for recognition】 Facts without dispute, Gap evidence No. 1, the purport of the whole pleadings

2. Determination as to the Plaintiff’s claim against Defendant C

A. Defendant C’s assertion is obligated to return to the Plaintiff the remaining advance payment of KRW 64,597,870, which remains after deducting the price for supply of safaf and potaf (only the Plaintiff’s work cost, freight, net value, seed reduction cost, etc.) that Defendant C supplied to the Plaintiff from the down payment and safaf seeds price paid in accordance with the instant contract.

B. According to the evidence evidence evidence Nos. 4, 5, and 7, it is recognized that the Plaintiff received each reduction of capital from Defendant C, the total amount of 33,010km (1,571 net, 21k per 1 network, 21k per 1 network, and 17, from July 15, 2019 to July 17, 2019.

As to this, Defendant C supplied the Plaintiff with a 35 ton amounting to 35 ton amount, and 250 to 320 ton amounting to 320 ton amount.

However, there is no evidence to acknowledge this, Defendant C’s above assertion on the part that exceeded the above recognized quantity of supply is without merit.

B. With respect to the amount of the price of supply by ASEAN, Defendant C shall be the unit price of KRW 9,000 per 1 network (21kg) calculated by the Plaintiff.

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