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(영문) 광주지방법원 2017.05.12 2016나8776
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the defendant.

Purport of claim and appeal

1...

Reasons

1. The Plaintiff’s judgment on the cause of the claim shall sell a pesticide equivalent to KRW 7,875,00 in total to the Defendant from September 3, 2013 to October 31, 2013, and the delivery of the pesticide may be without dispute between the parties or may be recognized by the statement in the evidence No. 1.

Thus, the defendant is obligated to pay to the plaintiff 4,190,000 won and damages for delay for the payment of the above goods.

2. Judgment on the defendant's defense

A. The Defendant’s assertion that the Plaintiff harvested and sold the chipym wave owned by the Defendant, and the remainder of the goods were extinguished by offsetting the amount equivalent to the payment in kind or the price in chip.

B. The evidence submitted by the Defendant and the testimony by the witness C of the first instance court alone are insufficient to recognize the fact that the Plaintiff harvested and sold the chip spony with the Defendant, and there is no other evidence to acknowledge it.

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

3. If so, the Defendant is obligated to pay to the Plaintiff the amount calculated at the rate of 15% per annum from November 26, 2015 to the day of full payment after the delivery of the copy of the instant complaint to the Plaintiff. Thus, the Plaintiff’s claim for the payment of the amount is justified.

The judgment of the court of first instance with the same conclusion is justifiable, and the defendant's appeal is dismissed.

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