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(영문) 대구지방법원 2012.05.31 2011나17494
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. From January 15, 2009 to February 16, 2009, the Plaintiff supplied 67,801,008 to the Defendant with a tonnage of KRW 24,240 (Ton Bag, hereinafter “instant ton”) equivalent to KRW 44,142,562 out of the price is not a dispute between the parties, and the Plaintiff is a person who received KRW 44,142,562 out of the price. Thus, the Defendant is obligated to pay to the Plaintiff the remaining amount of KRW 23,658,446 (=67,801,008 - 44,142,562).

2. Judgment on the defendant's assertion

A. The Defendant asserted that the Defendant sold the instant white tons supplied by the Plaintiff to B and C. However, the horizontal width is 2 cm, 5-7cm, 100cm, 100cm, 50cm or 200cm or 200cm or less, and the seal intensity of the log used in the 500km capacity should be at least 1,80cm or 200cm. However, there is a defect in which the seal intensity of the instant white tons is considerably short of this, B recovered the products supplied to the Customer, and C again sold the instant white tons on the ground of the defect, and C received a demand for compensation on the ground of the defect, and the Defendant claimed that B purchase the ray equivalent to KRW 2,968,760, or 100,000 and paid 3171,2979,600 won or more to the Plaintiff with compensation of KRW 1601,605,9760,000.

(b) For the purpose of assessing that there is any defect in the subject matter of the judgment, the seller is unable to have the normal quality or performance, or even if the subject matter has ordinary quality or performance, the buyer has the quality or performance required for the environment or situation while explaining the overall environment or condition of the product to be used by the seller.

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