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(영문) 춘천지방법원강릉지원 2017.09.06 2017가단30701
물품대금
Text

1. The Defendant calculated 35,158,000 won with interest rate of 15% per annum from February 24, 2017 to the date of full payment.

Reasons

1. As alleged by the parties and the key issue of this case were: (a) the Plaintiff was unable to receive reimbursement of KRW 35,158,000 among the claims for the amount of goods supplied with dry fish to the Defendant from nine years to October 12, 2016; and (b) the Defendant asserts that the Defendant is merely liable for the amount of KRW 16,639,00 (=35,158,000) - 8,223,296,000 among the claims for the supply of goods claimed by the Plaintiff; and (c) there is no amount equivalent to KRW 10,296,00 on October 21, 2016, since the actual supply of goods was not supplied.

The key issue of the instant case is whether the Defendant supplied goods to the Defendant as alleged by the Plaintiff on October 17, 2016 and October 21, 2016.

2. Judgment on the issue

A. 1) The Plaintiff’s assertion 1) The Plaintiff supplied the Defendant with a dryer, and the Plaintiff possessed from the Defendant (hereinafter “instant book”).

(2) On October 17, 2016, and October 21, 2016, the Defendant entered the amount of goods supplied in the instant book. In light of the Defendant’s written statement, it is recognized that the Plaintiff supplied the goods. (2) Of the details of goods supplied by the Defendant’s assertion, the goods amounting to KRW 8,223,00 on October 17, 2016, and KRW 10,296,00 on October 21, 2016 are limited to the amount of goods and unit prices in the instant book, but does not include specific amounts.

Each of the above orders is only ordered, and there is no actual goods supplied.

B. In light of the following circumstances acknowledged by comprehensively considering the evidence No. 1, No. 4-1 to No. 4, and No. 1 to No. 4, and No. 1, and the testimony of a witness C, it is recognized that the Defendant received goods from the Plaintiff and entered the quantity in the account book of this case.

1. The defendant, in the reply, shall enter the order quantity and unit price in the book of this case in the order for the first time in accordance with business practices and shall receive the actual goods.

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