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(영문) 광주지방법원 2019.05.24 2018나59488

물품대금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion asserts that the Defendant should pay to the Plaintiff the price for the goods as well as damages for delay, since the Plaintiff supplied the Defendant with fishery products equivalent to KRW 7,285,950 from September 12, 2017 to September 29, 2017, which sell fishery products in the name of “C”, to the Defendant who sells fishery products.

2. It is not sufficient to recognize that the Plaintiff supplied the fishery products to the Defendant as above only with the statement of Gap evidence No. 2, which is merely a transaction statement prepared by the Plaintiff, and there is no other evidence to acknowledge it. The Plaintiff’s assertion is

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance is unfair with different conclusions, and thus, the defendant's appeal is accepted and the plaintiff's claim is revoked and dismissed.