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(영문) 대구지방법원 2015.12.10 2015나4571
물품대금
Text

The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Each of the evidence Nos. 1 through 3 of the judgment on the cause of the claim, and if the purport of the entire argument as a result of the Plaintiff’s personal examination conducted by this court is added, the Plaintiff operating “C” is the total amount of the supply price related to each of the goods listed in the No. 1 through No. 8 delivered by the Plaintiff to the Defendant among the transaction details stated in the separate sheet No. 3,1990,000 won from July 26, 2011 to September 26, 201

Recognizing the fact that various food machinery and parts have been manufactured and supplied, such as powder divers, etc., and the fact that the Plaintiff was paid KRW 14 million out of the price of the above goods is the Plaintiff. Thus, barring special circumstances, the Defendant is liable to pay the remainder amount of KRW 17.90,000 for the remainder of the goods and delay damages therefrom to the Plaintiff.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that the Defendant supplied the Plaintiff with machinery equivalent to KRW 2 million, and issued and delivered a promissory note with face value of KRW 8.25 million and a promissory note with face value of KRW 6 million with face value of KRW 8.2 million, thereby repaying all the purchase price for the Plaintiff.

B. 1) According to the statement in Gap evidence No. 1 and the plaintiff's personal examination result in this court, the above machine price of KRW 2 million, face value of KRW 6 million, and face value of KRW 2 shall be the amount listed in the above 14 million (attached Table Nos. 9 and 10) where the plaintiff is the person to whom the payment is paid.

) Since the attached table Nos. 9 and 10 is the amount indicated in the attached table Nos. 9 and 10, the same fact is recognized, the above KRW 14,00,000 shall not be subject to deduction from the above product price of KRW 17,99,00,00,000, and this part of the defendant's statement of payment is without merit. Furthermore, the defendant's assertion on promissory notes with face value of KRW 8,250,00,000 does not dispute the fact that the due date for payment was received from the defendant, and there is no entry on the above promissory notes with face value of KRW 82,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

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