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(영문) 광주지방법원 2021.01.14 2019나63606
물품대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. The conclusion of the judgment of the court of first instance is consistent with the records in the judgment of the court of first instance except for the following cases where the judgment of the court of first instance was delivered from the parallel No. 4 to the parallel No. 17 to the parallel No. 21 of the judgment of the court of first instance. Thus, it is just to acknowledge and determine the facts of first instance as to the evidence No. 2 to 20 of the evidence (including the number of evidence number) submitted by the defendant to the court of first instance, which was lawfully adopted and investigated by the court of first instance, based on the main sentence of Article 420 of the Civil Procedure Act.

However, according to the circumstances of each construction site, the difference between the order and the actual volume of ready-mixed is inevitable, and the quantity of ready-mixed supplied by the Plaintiff cannot be considered to coincide with the quantity of other snow that is calculated in accordance with the design drawing of each construction site, since the quantity of ready-mixed supplied by the Plaintiff cannot be deemed to coincide with the quantity of other snow that is calculated in accordance with the design drawing of each construction site. Accordingly, the above assertion by the Defendant cannot be accepted on a different premise.

In addition, even though the defendant continued to receive ready-mixeds from the plaintiff during several years, it does not seem that he raised an objection against the quantity, unit price, etc. of ready-mixed supplied by the plaintiff.

[....]

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed.

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