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(영문) 대구지방법원 2021.02.03 2020나306509
물품대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport and purport of the appeal

1. The purport of the claim;

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs a retail business of agricultural products with the trade name of “D”, and the Defendant is a company that runs a food manufacturing and processing business, franchise franchise business, etc.

B. From March 1, 2018 to May 31, 2019, the Plaintiff supplied 159,99,850 in total to the instant meat restaurant operated by the Defendant. From August 17, 2018 to July 12, 2019, the Defendant paid KRW 139,187,600 out of the price of the goods.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 11, 13, Eul evidence No. 4 (which include a number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. According to the fact that the Defendant’s obligation to pay the price for the goods was acknowledged, the Defendant is obligated to pay the Plaintiff the price for the goods unpaid at KRW 20,812,250 (=159,99,850 - 139,187,600) and the delayed damages.

B. The defendant's assertion 1) The plaintiff and the defendant did not agree on the price of goods.

The defendant raised an objection that the price unilaterally notified by the plaintiff is too high.

② 피고가 공급 받은 채소류 중에 불량품이 있어 반품 또는 교환을 요구하였으나 원고가 불응하였으므로, 불량품에 대한 대금 (2018. 9. 18. 대파 370,000원, 2018. 9. 20. 양파 22,000원, 2018. 10. 8. 깻잎 12,000원, 2018. 12. 1. 깻잎 39,000원, 2019. 2. 9. 양파 신계점, 옥계점 각 11,500원 합계 466,000원) 은 제외되어야 한다.

(3) With respect to the proceeds from the sale of goods on August 2018, 2018, no evidence exists to acknowledge such proceeds, other than tax invoice.

2) The lower court determined ① while the Defendant’s assertion was supplied to the Defendant, the Defendant paid KRW 3,221,000 for the goods up to the part of June 17, 2018 on August 2018, and paid KRW 7,983,300 for the goods portion on July 2, 2018 (A2,3), and the Defendant raised an objection with respect to the amount of the tax invoice (A6,7) issued by the Plaintiff by supplying the goods.

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