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(영문) 광주지방법원 해남지원 2018.10.02 2018가단470
물품대금
Text

1. The Defendant’s KRW 6,600,000 as well as the Plaintiff’s annual rate of KRW 5% from August 1, 2016 to October 2, 2018.

Reasons

1. On November 28, 2014, the Plaintiff sold 78.6 million won [18 million won x 300 won (30 million won x 100 won)] to the Defendant on the ground of the claim, and the Defendant agreed to pay the amount to the Plaintiff by July 31, 2016, may be acknowledged either as a dispute between the parties or as a whole by taking into account the purport of the entire pleadings on the statement of evidence No. 1.

Therefore, barring special circumstances, the defendant is obligated to pay the Plaintiff KRW 78,60,000,000 for the total amount of the uniforms.

2. Judgment on the defendant's defense

A. The fact that the Defendant at the place of payment in substitutes transferred the ownership of 48 can be deemed to have been transferred to the Plaintiff in lieu of the payment in substitution for the payment in substitution for the above right. There is no dispute between the parties.

The defendant asserts that since the price per 3,50,000 won per 1 square column of the previous dual plantation which transferred ownership to the plaintiff, the amount that the defendant paid to the plaintiff by the defendant should be recognized as KRW 16,80,00 (=48 square x 3,50,00).

However, there is no evidence to prove that the Defendant agreed to the Plaintiff that the value of 1 column of the former dubal culture hall, the ownership of which was transferred, was KRW 350,00,000 or KRW 3.50,000,000,000,000,

However, the Plaintiff is the 12 million won in the price of the 48 canal culture of the above 12 million won. Thus, the above 12 million won is recognized by the Defendant as the value in the 12thal culture farm where the Defendant transferred ownership to the Plaintiff instead of the 12 million won in the 2ndal culture farm.

Therefore, the total amount of the uniforms, which the Defendant paid to the Plaintiff by transferring the 48 square meters of the previous dubal plantation to the Plaintiff, is KRW 12 million.

B. The defendant asserts that since the plaintiff's claim on the payment of the plaintiff's debt on behalf of the plaintiff's payment of 7 million won for the purchase price for the outboard ship against C(D), the above 7 million won should be deducted from the price for the backboard ship that the defendant should pay to the plaintiff.

Dop. Dop.

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