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(영문) 춘천지방법원 2020.01.15 2019나51175
물품대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the parties' assertion

A. As of July 5, 2017, the Plaintiff supplied main supplies to the Defendant, the price for goods supplied by the Plaintiff to the Defendant reaches KRW 13,559,920.

B. The 13,559,920 won, the Plaintiff asserted as the price for the goods, was voluntarily determined by the Plaintiff, not the price for the goods agreed with the Defendant.

Of the main supplies supplied by the Plaintiff, the return remains, and there are items that are not supplied, so the price for the relevant items shall be deducted.

Since damage occurs to the defendant due to the cause attributable to the plaintiff, such as delay in the supply of kitchen supplies, there is no plaintiff's price of goods when offsetting the defendant's claim for damages against the plaintiff's claim for damages.

2. Comprehensively taking account of the following circumstances that can be acknowledged by the purport of the entire pleadings on the cause of the claim, namely, ① there is no tax invoice (Evidence A1) presented by the Plaintiff, ② the statement of transaction (Evidence A2) presented by the Plaintiff is prepared by the Plaintiff at will, without any entry in the recipient column, ③ there is no delivery confirmation from the Defendant or the Defendant’s employees, ④ there is no agreement between the Plaintiff and the Defendant on the determination of the price of goods, there is insufficient evidence to acknowledge that the price of goods supplied by the Plaintiff to the Defendant reaches the purport of the claim, and there is no other evidence to prove otherwise.

3. The plaintiff's claim for conclusion shall be dismissed on the ground that the plaintiff's claim is without merit.

The judgment of the first instance is unfair on the contrary of this conclusion. Thus, the plaintiff's claim is revoked and dismissed.

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