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(영문) 서울동부지방법원 2020.04.22 2018나30841
물품대금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. The court's explanation on this part of the basic facts is the same as the statement in Paragraph 1 of the judgment of the court of first instance. Thus, it is citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion and judgment

A. The gist of the Plaintiff’s assertion is that: (a) the Plaintiff supplied to the Defendant a total of KRW 137,088 paper for each 100 paper for the instant goods transaction (i.e., the total of KRW 61 shipment quantity listed in the evidence No. 2-1 and No. 2-2, KRW 137,464 - the total of KRW 400 which was recovered from the goods as KRW 11,512.5 paper for each 128,339 paper; and (b) the Plaintiff received only KRW 1,47,502,737 paper for each 128,39 paper.

Therefore, the defendant is obligated to pay to the plaintiff the remainder of 8,749 won and delay damages for the remaining 100,722,863.

B. The Defendant’s argument that the Plaintiff had been supplied normally does not constitute an unsettlemented volume among the cases confirmed.

In order to prevent the loss of or damage to the goods caused by mistake in the delivery process, or excessive delivery of the goods other than the quantity of the goods indicated on the non-marks, etc. in the delivery process by the Plaintiff’s employees, who have to deliver the goods to the actual delivery unit ordered by the Defendant due to the nature of the transaction type, and to distinguish the transaction between the Plaintiff’s transaction and the Plaintiff’s transaction of the goods to the other transaction parties other than the Defendant’s transaction partner, the Defendant’s side instructs the Plaintiff to the quantity, the delivery counterpart, the delivery place (the Defendant’s transaction partner), the special circumstances, etc. of the goods of this case, the Plaintiff printed out two copies of “the delivery order” specifying the Defendant’s instructions, and delivered one copy of “the delivery order, the name of the goods, the quantity, and the unit price indicated, to the delivery center, and the delivery center under the direction for delivery and confirmation of the Plaintiff’s signature and the delivery slip after presenting “the delivery order” and “the delivery note.”

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