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(영문) 광주지방법원 2017.06.23 2016나4965
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. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) paid food materials to D and E restaurant operated by the Defendant from around 2009 to June 2015. Of the unpaid food materials supplied by the Plaintiff to D, the price for goods from September 2, 201 to April 15, 201 is KRW 32,303,700, and the price for goods from April 16, 201 to October 2, 201 is KRW 21,156,00, and the price for goods from October 3, 201 to October 2, 2014 is KRW 4,779,500 (the price for goods supplied by the Plaintiff to E restaurant is KRW 4,779,50, and the price for each of the above goods shall be KRW 10,000,000, KRW 30,000, KRW 15,000, KRW 10,000, KRW 14,201.

B. 1) The credibility of each of the books of this case is as follows: Gap evidence 3 to 6, Eul evidence 3 to 6 (including each number; hereinafter the same shall apply).

In light of the following circumstances acknowledged by comprehensively taking into account each entry of this Court and the results of the reply given to the Gwangju Bank to submit financial transaction information, the entry of each of the books of this case in each of the following circumstances is only reliable.

However, the part from September 2, 2010 to April 15, 2011 among D books is difficult to believe as seen below '2'.

① Each of the books of this case appears to have been prepared by the Plaintiff from time to time by delivering food materials to the Defendant, and in light of the method and body of writing, the same person appears to have been prepared.

② The Plaintiff entered the price of each transaction in the instant account book and the accumulated amount of goods that had not been paid up to that time, and there are details repaid by the Defendant.

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