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(영문) 대구지방법원 2020.11.11 2020나305797
물품대금
Text

The judgment of the first instance shall be revoked.

The defendant shall pay to the plaintiff KRW 2,765,40 with full payment from October 24, 2019.

Reasons

1. The parties' assertion

A. From November 2017 to January 201, 2019, the Plaintiff produced and supplied a restaurant guide to the Defendant, and the Defendant did not pay KRW 2,765,400 for the amount of goods.

Therefore, the plaintiff seek the payment of the price for the above goods and damages for delay.

B. The Plaintiff did not pay an amount equivalent to KRW 2,765,400 as the Defendant did not pay the Plaintiff’s claim on the ground that the Plaintiff did not pay the amount corresponding to KRW 2,765,40, because it was supplied and supplied with the Defendant’s specifications (the thickness and paper material) as ordered by the Defendant while engaging in the printing

2. Determination

A. According to the facts that there is no dispute between the parties to the judgment as to the cause of the claim, and the overall purport of Gap evidence Nos. 2, 3, 5, 6, and Eul evidence Nos. 1, 2, and 3, the plaintiff made a transaction between the defendant and the defendant from November 2017 to December 2018 by printing and manufacturing the books for commercial guidance at the defendant's request and delivering them to the defendant. The total amount of supply during the above period is KRW 46,439,100 (including additional taxes). The defendant did not pay KRW 2,765,40 among them.

According to this, the defendant is obligated to pay to the plaintiff the above payment amount of KRW 2,765,400 and damages for delay.

B. Prior to the judgment of the Defendant’s assertion, the following circumstances recognized by the overall purport of the evidence and pleadings, namely, the Defendant raised an objection to the Plaintiff around November 16, 2018, which was in trade with the Plaintiff, and the Plaintiff produced it in accordance with the ordered standard. The Defendant did not have any evidence to the effect that it had been traded for one year prior to that, and there was no objection to the specifications of the book supplied by the Plaintiff. As such, even though the Defendant raised an objection to the thickness and material of the book, it appears that the book was not returned to the Plaintiff, and the Defendant did not return the book to the Plaintiff.

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