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(영문) 서울남부지방법원 2015.03.19 2014나9873
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. Facts of recognition;

A. The Plaintiff entered into a contract between the Defendant and the Plaintiff under which the Plaintiff would directly manufacture the original team and supply salt color to the Defendant at the Defendant’s request in color (hereinafter “instant contract”). Under the Defendant’s order, the Plaintiff supplied the original unit that completed the salt color process as indicated below to the Defendant.

(hereinafter referred to as the "original group"). (b) When defining the original group below, it shall be referred to as the "original group" by the sequence.

On December 12, 2013 and January 28, 2014, the Defendant returned to the Plaintiff the sum of KRW 1,925 from the original group of KRW 4 to the Plaintiff two times, and the Plaintiff received it.

C. Around May 25, 2012, the Defendant paid KRW 3 million out of the original amount to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 5-1, Gap evidence 6-16, Eul evidence 2 and 3, and the purport of the whole pleadings and arguments

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 17,508,620 won remaining after deducting three million won from the total sum of KRW 1,2,3,500,620 other than the portion of KRW 4 which was returned to the plaintiff.

B. The defendant's assertion (1) argues that the defendant did not pay the amount of KRW 5,00 to the plaintiff since it was not supplemented and the above defect was returned to the plaintiff because it was found that there was a defect, such as failure in the 5th unit of the 5th unit of the 5th unit of the 5th unit of the 5th unit of the 5th unit of the 5th unit.

If the burden of proof on the defect of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit,

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