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(영문) 부산지방법원서부지원 2020.04.09 2018가단10829
물건대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

When concluding a contract for the supply of scrap metal with the Defendant, the Plaintiff agreed to pay the price by applying the unit price C to the Defendant, and supplied the scrap metal to the Defendant. However, the Plaintiff merely received the amount calculated by calculating an average of 35 won compared to the unit price C by the Defendant. As such, the Defendant asserts that the Plaintiff should pay 76,715,432 won (2,191 ton x 35 won) to the amount of goods less than the agreed unit price for the supply of goods from December 2, 2015 to January 2018.

The evidence Nos. 1 through 4 alone is insufficient to acknowledge that the Plaintiff and the Defendant agreed to pay the price for the goods by applying the unit price C when concluding a contract for the supply of scrap metal, and there is no evidence to acknowledge otherwise.

The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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