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(영문) 수원지방법원 2020.10.28 2019나80343
물품대금
Text

Among the judgment of the first instance, the part against the defendant exceeding the payment order shall be revoked, and such revocation shall be revoked.

Reasons

1. The grounds for this part of the facts of recognition are as stated in the corresponding part of the judgment of the court of first instance, except in the following cases. Thus, this part of the facts of recognition is cited by the main sentence of Article 420 of the Civil Procedure Act.

The second part of the judgment of the first instance is "(Contract Number E)" as "(Contract Number E; hereinafter referred to as "one contract")."

The second half of the judgment of the first instance is "(Contract Number F)" with "(Contract Number F; hereinafter referred to as "Second contract")".

The second half of the judgment of the first instance is 16 to 17 lines “(Contract Number G)” as “(Contract Number G; hereinafter referred to as “third contract”).

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff the total amount of KRW 106,880,000 (i.e., total amount of KRW 139,920,000, total amount of the contract payment of KRW 139,920,000, total of the contract payment of KRW 33,040,000) which the plaintiff seeks as part of the claim.

B. The defendant's assertion 1) The defendant concluded a contract with H not the plaintiff but with H 1, 2, and 3, so there is no obligation to pay the plaintiff the price.

Even if the plaintiff is a contracting party, the plaintiff agreed to reduce the price of the three parts to KRW 2,80,000 per unit because the plaintiff failed to complete the establishment of the three parts of the board. ② In the case of the two contracts, unlike the above recognized facts, the contract was entered into to provide the 64 units of the board to KRW 28,160,000, and ③ in the case of the three contracts, the contract was to provide the 40 units of the board to KRW 74,800,000, different from the above recognized facts, and the contract was to provide the 74,800,000 units of the board to KRW 50,000.

B. The Plaintiff is a person who received only KRW 33,040,00 from the Defendant as the price for the contract Nos. 1, 2, and 3. However, upon the Defendant’s request of H, the actual operator of C, the Defendant entered into the contract Nos. 1, 2, and 3 with each of the accounts in the name of the Plaintiff, I, and H.

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