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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. Facts of recognition;
A. The Plaintiff is a person who supplies and sells LPgas, etc. with the trade name called Suwon-si C from Suwon-si, Suwon-si, and the Defendant is a person who operates the FF Airport at the Young-gu, Suwon-si E Apartment Complex.
B. The Plaintiff supplied the Defendant with gas by June 26, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff seeking payment of KRW 49,500, which was supplied to the Defendant by June 26, 2017 to the Plaintiff by June 26, 2017. However, according to the Plaintiff’s evidence No. 4, it can be acknowledged that the Defendant supplied gas to the Plaintiff by June 26, 2017 but did not receive KRW 477,300. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 477,300 and delay damages therefrom.
B. The defendant's defense 1) asserted that the plaintiff applied the unit price for use in general home by applying the unit price for industrial use as the gas supplied was used in the manufacturing facility by himself/herself. However, according to the evidence above, the gas supply was supplied in the form of cooking a single house, and the gas supply contract between the plaintiff and the defendant was entered into between the plaintiff and the defendant, and the above argument is without merit. Further, the defendant's assertion that the above claim should be deducted from the above 477,300 won since he/she paid 382,00 won out of the above gas price on March 13, 2017. However, according to the evidence evidence No. 3, the plaintiff had already received 382,000 won from the defendant's deposit on March 14, 2017. Thus, the plaintiff's claim in this case was not justified.
C. Accordingly, according to the theory of lawsuit, the defendant is obvious from February 8, 2018 to the date following the delivery of a copy of the complaint in this case, as the plaintiff seeks against the above unpaid gas price of KRW 477,300, and as the plaintiff seeks.