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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff asserted that the Plaintiff supplied the Defendant with a disturbance equivalent to KRW 110,99,440 from December 4, 2012 to January 16, 2014. The Plaintiff received KRW 82,635,300 by account transfer from the Defendant and KRW 2,94,000 by account transfer.
Therefore, the defendant is obligated to pay to the plaintiff the total amount of money payable to the plaintiff 25,420,140 won and damages for delay.
B. According to the following facts, the judgment of the court below, Gap evidence Nos. 1, 2, 4, 11, Eul evidence Nos. 3, 5, 9, 11 through 15 (including each number, number, hereinafter the same shall apply), and Eul's testimony and the whole purport of oral argument, it can be acknowledged that the defendant can be recognized by taking into account the following facts: the defendant's offering of a disturbance from the plaintiff, and the defendant divided the front and back of the transaction statements into the plaintiff's front and back, and then delivered the plaintiff with a copy of the front statement of transaction statement Nos. 1, 2, 4, 11, and Eul's offering of the transaction statement Nos. 3, 5, 9, 11 through 15 (including each number, each number, each; hereinafter the same shall apply) and the amount stated in the "unit price" and "Advance amount" after the back of the transaction statement submitted by the plaintiff shall be calculated based on
Therefore, in light of such points and the fact that the Plaintiff and the Defendant made a settlement for the amount of disturbance in the same manner as each time while making a transaction between approximately three years, and that the Plaintiff did not particularly raise any problem with respect to the portion supplied on October 2013 with respect to the amount of disturbance, and that the Plaintiff sent to the Defendant on May 16, 2014, a certificate of contents demanding payment of KRW 18,626,320 for the unpaid amount until January 16, 2014, the Defendant, barring any special circumstances, sent to the Plaintiff a certificate of contents 85,579,300 (i.e., KRW 82,635,302,94,00) excluding the remaining amount of KRW 25,420,140,626,320 of the total amount of disturbance and KRW 110,99,440 of the above amount.