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(영문) 부산지방법원 2019.11.29 2019나2589
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. The parties' assertion

A. Since the Defendant continued to be supplied with building materials by the Plaintiff and did not pay the purchase price of KRW 12,155,716 for the total amount of KRW 12,15,716, the Defendant is obligated to pay the said purchase price for the goods and delay damages therefor to the Plaintiff.

B. The amount of the unpaid goods to the Plaintiff was only KRW 3,452,581 as of October 2016, and the outstanding amount was fully settled in cash at the time.

In addition, since the supply transaction alleged by the plaintiff for the period after the above settlement was made individually between C and the plaintiff, the defendant is not obligated to pay the above goods.

2. The following facts established based on the overall purport of testimony and arguments by the first instance court witness C and the following facts: (i) the Plaintiff continued to supply building materials to the Defendant from around 2016, while running a prefabricated building material wholesale and retail business with the trade name “D”; (ii) the Plaintiff discontinued the above supply transaction on April 15, 2017; (iii) the sum of the Defendant’s unpaid goods offered pursuant to the Customer Director (Evidence A) was KRW 12,155,716; (iii) the head of the transaction partner was prepared based on the name, size, quantity, unit price, etc. of all the supply transactions conducted from June 7, 2016 to April 15, 2017; and (iv) the Plaintiff was aware that the Plaintiff was an employee of the first instance court, who was an employee of the Defendant’s first instance court, and the Defendant’s witness was supplied with each of the goods supplied to the Plaintiff at the time of construction site (Evidence A) and the sales price offered to the Plaintiff 10.

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