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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. The Plaintiff’s determination as to the cause of the claim is that the Plaintiff produces and sells double products while operating the orchard. The Defendant is an agricultural partnership that distributes agricultural products food materials, etc.; the Plaintiff and the Defendant supplied 600 boxes 15 km per scam on March 11, 2018; the Plaintiff supplied 1,40,000 won (i.e., 41,400,000 won (i., 41,800 x 5,000 x 7,200 x 4,500 g x 4,500 won) after one month from the Plaintiff; however, according to the above contract, the Plaintiff concluded a goods supply contract that the Plaintiff is obligated to pay to the Plaintiff on March 11, 2018; the Plaintiff did not have delivered 600 times the total amount of 9,000 gh and 131 g of evidence to the Plaintiff; or the Defendant did not have any dispute between the Plaintiff and the entire 101 g of evidence.
The Plaintiff asserts that the supply value of 134 boxes as above exceeds the amount claimed by the Plaintiff. However, according to the above evidence, it is recognized that the supply price under the above contract for the supply of goods was set at KRW 5,00 per km, and the remainder was set at KRW 4,500 per km, and even if the unit price of supply of KRW 4,500 per km is applied to the above 134 boxes, the total amount exceeds the amount claimed by the Plaintiff with KRW 9,045,00 [=2,010 kilograms (134 x 134 x 15 g) x 4,500]. The Defendant did not assert and prove specific arguments as to the details thereof, and the Defendant recognizes that the returned 134 winners were 26 or 28, and thus, it is recognized that the total supply price of KRW 4,50 per km was voluntarily returned.
Therefore, the Defendant is obliged to pay the Plaintiff KRW 32,095,00 (=41,140,000 - 9,045,000).
2. The Defendant’s argument regarding the Defendant’s assertion that the goods did not be paid on time has occurred except 964 km out of the amount equivalent to 6,990km supplied by the Plaintiff (=9,00 g- 2,010 g).