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(영문) 대구지방법원 2018.05.09 2017나312511
물품대금
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid under paragraph (2) shall be revoked;

2...

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff supplied 43,776,00 won to the Defendant several times from October 2014 to November 2014, and received KRW 14,592,00 through three times from the Defendant. Upon the Defendant’s request for a reduction of the price, the Plaintiff paid KRW 2,610 to the Defendant for a total of KRW 2,20,000,000 (=43,776,000 - 14,592,000 - 5220,000), and thus, the Defendant was obligated to pay the Plaintiff the remaining amount of KRW 23,964,00 for a reduction of the price of KRW 23,64,00 (=43,776,000), and damages for delay.

B. Comprehensively taking account of the purport of Gap evidence Nos. 1 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 8 through 11, the plaintiff, who is a wholesale business operator, shall supply 16,00 won (Evidence No. 1-1, No. 9) to the defendant, who is a farming association corporation operating agricultural product processing and distribution business, and 16,00 won (Evidence No. 1, No. 476, Oct. 10, 2014). The plaintiff shall be deemed to have supplied 16,00 won for 14,00 won for 60,000 won for 14,00 won for 6520 won for 60,000 won for 20,000 won for 14,00 won for 14,00 won for 20,000 won for each of the above transactions (Evidence No. 1-4, No. 9, Dec. 14, 2014).

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