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(영문) 수원지방법원 2020.09.23 2019나10276
물품대금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The parties' assertion

A. From November 2014 to January 17, 2015, the Plaintiff supplied the Defendant with building materials equivalent to KRW 16,497,800 in total. The Plaintiff asserted that the Defendant is liable to pay the Plaintiff the unpaid amount of KRW 10,509,70 and the delayed payment thereof, as the payment was paid only KRW 5,98,100 from the Defendant and the unpaid amount of KRW 10,509,70 remains.

B. As to the defendant, the defendant paid all the price for the construction materials supplied by the plaintiff, and even if the unpaid amount remains, the extinctive prescription has expired.

2. The Gap evidence No. 1, the only evidence consistent with the plaintiff's assertion, is merely a document prepared by the plaintiff, and there is no evidence to support whether the defendant actually received the goods as set forth in the above customer's ledger (as a result of the statement No. 1, there is no evidence to support the issue of whether the defendant actually received the goods as set forth in the above customer's ledger (i.e., the defendant transferred the goods to the plaintiff two times in total (i.e., the amount of KRW 7,764,500 (i.e., KRW 3,664,50,00) over two times during the period of the supply of the goods alleged by the plaintiff, but such details are not well reflected in the above customer's ledger). The above customer's statement No. 1 is insufficient to recognize that

Therefore, the Plaintiff’s above assertion is difficult to accept.

3. The plaintiff's claim for the conclusion must be dismissed due to the lack of reasonable grounds.

The judgment of the court of first instance is unfair in conclusion, and it is so revoked, and the defendant's appeal is revoked, and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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