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(영문) 의정부지방법원 2019.08.22 2018나5936
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 fact that the Plaintiffs rendered judgment as to the cause of the claim supplied the Defendant with the goods of KRW 34,343,100, such as paper cases and CDs from September 25, 2017 to December 31, 2017 can be acknowledged by adding the whole purport of the pleadings to the entries in the evidence Nos. 1 to 4, and 6.

(1) Of the goods for which the Plaintiffs claim payment, the Defendant argued that there was no supply of KRW 12,727,050 out of the price of the said goods by the Plaintiffs. However, according to the evidence submitted by the Plaintiffs, it is recognized that the Plaintiffs supplied the relevant goods. Furthermore, on December 27, 2017, the Plaintiffs were paid KRW 12,727,050 out of the price of the said goods. Thus, barring any special circumstance, the Defendant is obliged to pay the Plaintiffs the unpaid amount of KRW 21,616,050 (= KRW 34,343,100 - the price of the goods - KRW 12,727,050) and damages for delay calculated from January 1, 2018 to May 18, 2018, the date following the date of the last transaction as requested by the Plaintiffs.

2. The defendant's assertion that the defendant's separate claim for "materials Expense" among the particulars stated in Gap's evidence No. 5 (written claim) is not acceptable since it is a double claim with the price for the goods. However, the plaintiffs reduced the claim again based on the evidence No. 3 (written claim) that is not stated separately. Thus, the defendant's assertion in this part is not judged.

A. The Defendant, among the goods for which the Plaintiffs claimed the price, was supplied only by the inner gambling room, except for the outer gambling room, in which the number of 7,950 "Melin," and the number of 2,650 "Melin, Deng, Deng, a Maelin, a Maelin," which is a whole part of the use.

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