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(영문) 서울서부지방법원 2018.09.19 2017가단16894

물품대금

Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who runs trade business under the trade name of “C,” and the Defendant is the representative director of Non-Party Incorporated Association D (hereinafter “Non-Party Incorporated Association D”) who engages in the business of kimchi, funeral, etc.

(hereinafter referred to as "the defendant's side"). B.

The Plaintiff sent one sample sample from the Defendant, which he became aware of through Nonparty E, etc., to the Defendant, and the Defendant confirmed it, and then the Plaintiff decided to purchase 330 dys from the Plaintiff around November 2015.

Around that time, the Defendant paid the Plaintiff KRW 4,00,000, which is the price for KRW 100,000 for salt 10,000. On November 18, 2015, the Defendant prepared and delivered a trade confirmation statement stating that “The amount of KRW 100,000 for salt 10,000,000 for salt 230,000 for the remainder (=230,000 x 40,000) will be approved as sold.” (hereinafter “instant transaction confirmation statement”).

Under the instant transaction confirmation, the Defendant’s name was written as “the representative B of the agricultural partnership,” and the seal was affixed to the name of the representative director of the non-party corporation.

C. On November 20, 2015, the Plaintiff sent 330 salt d. Around November 27, 2015, the Plaintiff additionally sent 500 salt d. Around November 27, 2015. On December 31, 2015, the Plaintiff issued an electronic tax invoice with the content that the Plaintiff supplied 830 salt d. (hereinafter “instant 1 electronic tax invoice”) to the non-party corporation for KRW 33,200,000.

On the other hand, from January 8, 2016 to October 10, 2016, the Plaintiff visited the Defendant and the Defendant, and sent to the Defendant an e-mail that the Plaintiff would open LC upon examining attached contract and signing it on January 11, 2016.

The above attachment agreement stipulated the following contents under the title of "the import agency contract for the salted dried salt dried in China", and (A) is the plaintiff, (B).