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(영문) 인천지방법원 2020.12.17 2020나735
물품대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant ordered the Plaintiff to repair construction materials, etc. necessary for the building in the building in the Dong-gu Incheon Metropolitan City. The Plaintiff supplied 3,426,500 won to the Defendant around July 6, 2018. The Defendant continuously supplied 3,100,000 won out of the price of the above goods on July 7, 2018. The Plaintiff continued to supply the goods at the Defendant’s request. On October 23, 2018, the transaction relationship with the Defendant was terminated, and the amount of 2,360,000 won remains. The Defendant did not pay the above amount until now. The Defendant did not agree to conclude a contract with the Plaintiff or pay the price for the goods. The Defendant’s assertion that the Plaintiff supplied the goods by even returning the goods to the Plaintiff, but did not demand the Plaintiff to neglect it.

B. Determination 1) In light of the following circumstances acknowledged in light of whether a contract for the supply of goods was concluded or not, Gap 1-5 (including serial numbers), Eul 2, and Eul 2, and the purport of the entire arguments, it may be sufficiently recognized that the Plaintiff and the defendant have continuously concluded a contract for the supply of goods and that the Defendant has agreed to pay the price for the goods to the Plaintiff. The Plaintiff asserted that around July 6, 2018, the Defendant supplied the goods equivalent to KRW 3,426,500,000, out of the price for the said goods to the Defendant and received KRW 3,100,000, out of the price for the said goods from the Defendant on July 7, 2018. The disbursement statement (B) submitted by the Defendant at the construction site submitted by the Defendant, stating that “The amount of KRW 3,100,000,0000, which is the wood value of July 7, 2018. The date and amount conform to the Plaintiff’s argument.

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