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(영문) 서울남부지방법원 2018.10.18 2018나54093
물품대금
Text

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. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 5, 9, and 10 as to the cause of the claim, the Plaintiff is obligated to pay 11,970,400 won to the Plaintiff for the price of the goods, on August 19, 2016, since it can be acknowledged that the Plaintiff supplied 20 CCTV to the Defendant on August 19, 2016 and did not receive KRW 11,970,400 out of the price of KRW 31,970,400.

2. As to the defendant's assertion, the defendant did not agree with the plaintiff that the price of the goods should be KRW 31,970,400, and the other company supplied the same goods to KRW 20,000,000, while demanding KRW 31,970,400 is contrary to fair trade order.

According to the above evidence, the plaintiff sent a written estimate of KRW 31,970,400 to the defendant on July 21, 2016. Accordingly, the defendant sent the written order to the plaintiff on July 22, 2016, stating that the defendant ordered the goods according to the above amount. The above written order contains the following: "Conditions for settlement: Settlement: Cash Settlement at the end of the following month; FAX request;" and "I will request the issuance of tax invoices." According to the above facts, it is recognized that the plaintiff and the defendant agreed to pay KRW 31,970,400 to the price of the goods in this case.

Therefore, the defendant's argument is without merit.

3. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning. The judgment of the court of first instance is just and the defendant's appeal is dismissed on the grounds of its reasoning.

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