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(영문) 수원지방법원 2017.11.16 2017나4710
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. According to the reasoning of the judgment on the cause of the claim, Gap evidence Nos. 1 through 3, and 5 through 7 (including numbers with each number; hereinafter the same shall apply), it is recognized that the plaintiff supplied the defendant with machinery, equipment, electrical products, etc. equivalent to 15,925,320 won in total from September 201 to October 2015 (hereinafter "the goods of this case") (the defendant asserted that the defendant was supplied with the goods of this case by non-party corporation special high-tension electricity, not the defendant, but the plaintiff was supplied with the goods of this case, but the tax invoice was issued with the defendant as to the goods of this case, namely, ① the tax invoice was issued with the defendant as to the goods of this case supplied by the plaintiff, ② the plaintiff sent a content-certified mail demanding the defendant to pay the price of the goods of this case, and the defendant sent a answer letter claiming defects of the goods of this case from September 20, 2015 to October 15, 2015.

2. The defendant's assertion and judgment that the goods of this case supplied by the plaintiff were defective, so it is not possible to respond to the plaintiff's claim for the payment of the goods. However, it is insufficient to find that there were defects in the goods of this case only by the descriptions of the evidence Nos. 1 and 3, and there is no other evidence to acknowledge it. Thus, the defendant's

3. If so, the plaintiff's claim shall be accepted on the ground of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is without merit.

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