물품대금반환
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. Facts of recognition;
A. The Plaintiff is a person who runs the wholesale and retail business of electronic parts and motor vehicle parts under the trade name of “C,” and the Defendant is a person who runs a trade business, etc. under the trade name of “D.”
E is the plaintiff's reference, and is a person who has performed C's duties together with the plaintiff.
B. The Plaintiff sent via E each e-mail (F; hereinafter “instant e-mail”) in the name of the Defendant, which requested the Defendant to supply the electronic parts equivalent to KRW 5,000,000,000, which are equivalent to KRW 5,000 on April 23, 2018, and the electronic parts equivalent to KRW 4,224,00 on June 2018.
C. G, an employee of the Defendant, is against the Plaintiff while actually managing and using the instant e-mail with the Defendant’s consent around 2018.
A reply was made to the purport that if the price of goods is paid in advance by each of the above requests, the goods requested shall be supplied upon receipt of the request for supply of goods, such as Paragraph d.
Accordingly, the Plaintiff, from the account under the name of E, remitted the total amount of the goods to each Defendant’s account, KRW 5,000,000 on February 12, 2018, KRW 5,000,00 on May 2, 2018, and KRW 4,224,00 on June 25, 2018.
E. On June 25, 2018, the Defendant issued a tax invoice stating that the goods equivalent to KRW 4,224,000 were supplied to the Plaintiff.
F. On July 30, 2018, the Plaintiff sent e-mail requesting the supply of the agreed goods by November 30, 2018, since the Defendant did not supply the goods within a considerable period of time.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4 (including each number in the case where there are serial numbers), the written testimony by the witness G of the trial court, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) The Plaintiff’s contractual party liability is a contract under which the Plaintiff would be provided with electronic parts equivalent to KRW 14,224,000 among the Defendant (hereinafter “instant goods supply contract”).
The contract was entered into, and accordingly.