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(영문) 창원지방법원 2015.09.08 2014나13154
물품대금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

In light of the above legal principles, the lower court did not err by misapprehending the legal principles as to the conclusion of the judgment, as otherwise alleged in the ground of appeal.

2. The Plaintiff asserted that the Plaintiff supplied the Defendant with co-days equivalent to KRW 109,403,867 under the instant supply contract, and received parts equivalent to KRW 94,631,690 from the Defendant as the price.

Therefore, the Defendant is obligated to pay the Plaintiff the sum of KRW 14,772,177 and KRW 1,755,432 for the transportation cost of the remainder of co-days and KRW 16,527,609, among them, to pay the Plaintiff KRW 12,955,940, which is a part of the Plaintiff.

3. Determination

A. There is no dispute between the parties as to the fact that the Plaintiff supplied co-days to the Defendant as indicated below.

on the date of supply (2010) the unit price (kg) per unit (2010) per unit; 1

5. 4.0*529 74.6 11,810 8,793,726 165,340 2

5 April 5, 14.5*540 784.2 17,416 13,657,627 243,824 3

6. 8.4.0*529 74.6 17,340 12,91,364 242,760 4

6. 4.0*529 74.6 10,320 7,684,272 144,480 5

6. 4.0*529 74.6 8,840 6,582,264 123,760 6

6. 8.4.5*540 784.2 19,320 15,150,744 270,480 7

6. 4.5 5*540 784.25,140 19,714,788 351,960 8

6. 4.5*5540 784.2 15,202 11,921,408 212,828 125,388 96,416, 193 1,755,432 / [Detailed Table of Supply of Raw Materials]

B. In addition to the details stated in the above supply content list, the plaintiff asserts that he supplied co-days (Standard 4.0*529, Weight 2,442k, Price 1,818, 313 and Standards 4.5*540, Weight 14,243, Price 11, 169, 361, and 361 (hereinafter "Co-days of this case") in addition to the contents stated in the above supply content list on May 13, 2010, it can be recognized that there is a invoice to the effect that the co-days of this case was sent to the defendant, while there is no invoice to the effect that the co-days of this case was sent to the defendant, the plaintiff does not support it by himself.

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