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(영문) 인천지방법원 2019.06.20 2018나5591
물품대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserts that, inasmuch as the Plaintiff supplied the Defendant with fishery products amounting to KRW 25,767,00 from August 12, 2015 to September 19, 2015, and was paid KRW 10 million from the Defendant on August 29, 2015 during the trading period, the Plaintiff asserts that the Defendant sought payment of KRW 15,767,000 for the remaining goods.

However, the evidence Nos. 1 (Transaction Nos. 1) and 2-17 (each statement of transactions) submitted by the Plaintiff are all prepared by the Plaintiff, and there is no ground to view that the Defendant confirmed the quantity and amount of the supplied goods.

However, in addition to the fact that the Defendant paid KRW 10 million to the Plaintiff, as well as the remaining claims for the payment of goods, it is insufficient to recognize that the above evidence alone did not constitute the payment of goods exceeding KRW 10 million, which was paid earlier, and there is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's assertion is not accepted.

(1) The court below's decision is justified and dismissed as the plaintiff's claim is justified. Since the judgment of the court of first instance is unfair, the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the decision of the court of first instance is delivered with the decision of the court of first instance.

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