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(영문) 부산지방법원 2019.09.20 2018나6829
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Around September 2017, the Plaintiff asserted that the Plaintiff purchased scrap metal, such as 30 million won or more, from the Defendant.

The plaintiff paid the price of KRW 30 million to the defendant and received goods from the defendant, but returned or disposed of the goods equivalent to KRW 10 million due to the difference in the contents of the order.

Therefore, the defendant is obligated to return the price of goods paid to the plaintiff 10 million won and damages for delay.

2. In light of the reasoning of the judgment, the Plaintiff’s evidence alone does not reveal the content of the sales contract concluded between the Plaintiff and the Defendant, and further, it cannot be known that the Plaintiff returned or disposed of the goods.

Inasmuch as there is no other evidence to acknowledge the Plaintiff’s assertion, the Plaintiff’s assertion is without merit.

3. Thus, the plaintiff's claim shall be dismissed as it is reasonable.

The judgment of the court of first instance is justified in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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