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(영문) 대구지방법원 2020.08.26 2020나238
물품대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. According to the overall purport of evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff supplied agricultural chemicals, etc. to the Defendant from 2011 to June 10, 2015, and the Defendant settled all of KRW 11,809,59 for the goods from January 1, 2012 to June 10, 2015, and then recognized that the amount of goods unpaid to the Plaintiff out of the price of goods sold from January 1, 2012 to June 10, 2015 is KRW 3,370,000.

Therefore, the defendant is liable to pay to the plaintiff the remaining goods price of KRW 33,370,00 and damages for delay.

The Defendant asserts that the transaction statement submitted by the Plaintiff was unilaterally prepared by the Plaintiff, and that it cannot be accepted as the basis thereof. However, the following facts or circumstances revealed by the evidence as seen earlier are: (i) all of the entries in the transaction statement prepared by the Plaintiff include date, item, quantity, unit price, amount received, attempted balance, etc.; (ii) it is recognized that the Defendant was supplied with agricultural chemicals, etc. from the Plaintiff to 2015; and (iii) it is difficult to view that the transaction period is consistent with the above transaction statement as only the transaction details from June 10, 2015 to June 10, 2015; and (iv) it is difficult to deem that the above transaction statement (Evidence A2) was made with false regardless of actual transaction details of agricultural chemicals, etc. occurring from time to time, barring any special circumstances.

On the contrary, the defendant is not able to submit objective data on transaction, such as the account books in which the details of the transaction are recorded, even though it is recognized.

Therefore, we cannot accept this part of the defendant's argument.

2. Judgment on the defendant's assertion

A. The defendant's assertion that there exists the remaining price of goods as asserted by the plaintiff.

Even with the defendant, 1.

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