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(영문) 대구지방법원 2017.06.21 2016나11996
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff supplied the Defendant with the lecture as indicated in the table below.

The Defendant paid the Plaintiff KRW 48,860,000, total of KRW 10,000 on October 22, 2013, KRW 8,300,000 on October 23, 2015, and KRW 30,560,00 on October 22, 2015.

Therefore, the Defendant is liable to pay the Plaintiff the unpaid amount of KRW 7,450,00 (=56,310,000 - 48,860,000) and damages for delay.

The amount of the product volume (e.g.) of the relevant date on October 18, 2015 (including the amount) at KRW 415,34,445,00 (i.e., KRW 415 x 83,000) Gu lecture 35 1,750,000 (=35 x 50,000) Gu lecture 371,665,000 (= 37 x 45,000) Gu lecture lecture 200 16,600,600,000 (=200 x 83,000) Gu lecture lecture 371,665,000 (=37 x 50,000) x 50,000) 56,310,000

B. The Defendant’s assertion that the Plaintiff supplied lectures to a detention farming association, and that the Defendant requested from a detention farming association that did not know daily about the production farmer to transfer the product price to a general farmer instead of the production farmer, paid part of the product price on behalf of the Plaintiff, a general farmer, and thus, the Plaintiff cannot directly claim the production price to the Defendant who did not receive the production.

In addition, it is recognized that the Plaintiff did not receive KRW 7,450,000 out of the price of the goods, but this is because the detention farming association omitted the calculation of the livelihood provided by the Plaintiff and did not transfer part of the amount to the Defendant.

2. The following facts and circumstances, which can be acknowledged by considering the facts without dispute over judgment, Eul's entries in the evidence Nos. 1 through 5 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings, namely, the defendant is a person who runs a wholesale and retail business in the trade name of D, the defendant shall be a person who runs a wholesale and retail business in the trade name of D, from around 2014 to a detention farming association, and a tax invoice shall be issued with the person who is supplied with a detention farming association, and the defendant shall be a detention farming association.

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