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(영문) 부산지방법원 2018.01.23 2016가단15958
물품대금
Text

1. The Defendant’s KRW 1,123,940 for the Plaintiff and 5% per annum from January 19, 2017 to January 23, 2018.

Reasons

1. The plaintiff, who runs the aluminium wholesale business in the name of "D" in the Busan Geum-gu, Busan, supplied goods to the defendant as stated in the attached list 1 from December 1, 2010 to September 14, 2012, and with regard to the No. 13 of the attached list No. 1, the defendant supplied goods more than the ordered quantity of the defendant at the time, and the defendant returned to the plaintiff the 4,036,933 won (=7,300 won x 553kg) as the ordered quantity (=7,530 won) at the time. However, according to the statement No. 1, there is no evidence to acknowledge this, the defendant's assertion that the defendant had been supplied with 28,623,300 won from the plaintiff at the time, 7,300 won (=7,300 won x 3921k) as alleged by the plaintiff. Thus, the defendant's assertion is without merit.

별지1 목록의 순번 53과 관련하여 원고는, 원고가 피고에게 당시 같은 목록의 순번 53에서 인정한 수량 488개를 초과하여 520개의 헹켈(불소)을 공급하였다고 주장하나, 갑 1, 2의 각 기재만으로는 이를 인정하기에 부족하고, 달리 이를 인정할 만한 증거가 없으므로, 원고의 위 주장은 이유 없다.

“The amount of money to be paid” in the same list from the Defendant received each of the money as stated above. As of September 14, 2012, the Defendant’s price for the goods unpaid as of September 14, 2012 is KRW 21,954,590 (hereinafter “the price for the goods in this case”). ② From July 13, 2013 to September 12, 2015, the “name, quantity,” “unit price,” and “unit price” in the attached list 2 as indicated in the attached list 2 shall be supplied with the goods as stated respectively. As to the No. 32 of the attached list 2 list, the Plaintiff asserted that the Plaintiff supplied the Defendant with 29 Boyangba in excess of the quantity recognized by the No. 32 of the same list as at the time. However, it is insufficient to acknowledge this by the only entry in the attached list 1, and there is no evidence to acknowledge this otherwise

The "amount of admission" in the same list from the defendant has received each money, as of September 12, 2015.

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