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(영문) 수원지방법원 2016.09.29 2015나43070

미수금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Summary of the parties' arguments;

A. Plaintiff 1) Around 2013, the Plaintiff entered into a contract with the Defendant to manufacture and supply clothingers to the Plaintiff, and paid 317,520 Chinese currency to the Defendant. 2) The Defendant is obligated to return or compensate the Plaintiff with respect to the contract to supply and supply the above clothingers:

① Of advance 317,520 bills received from the Plaintiff, 9,560 bills (i.e., 317,520 bills) (i., 285,960 bills (i.e., 22,00 bills) [1,720,80 bills already returned by the Defendant] (ii) 31,920 bills (i.e., 5,745,600 bills) due to the rejection of return by the Defendant, (ii) 31,920 bills (i.e., 5,745,60 won) (iii) 126 exchange work costs of the defective 4,140,00 won (iv) 4,140,000 won (i.e., 18,180,180,000 won for the defective delivery and re-delivery of the clothinger produced and supplied by the Defendant) (i.e., 1,800 won for the above additional removal and re-delivery work costs (ii) 3080,700 won.

B. The defendant introduced the local company of China to manufacture and supply the clothinger to the plaintiff who is not a Chinese language, and only tried to conclude a supply contract and place an order between the plaintiff and the local company of China, and there was no direct contract between the plaintiff and the plaintiff for the manufacture and supply of the clothinger.

2. According to the evidence Nos. 2 and 6 of the judgment as to the cause of the claim, the Defendant confirmed that C, an employee of the Defendant, was issued 317,520 bills to the Plaintiff. The Defendant may each recognize the fact that the Defendant issued and delivered the garmenter’s order with respect to the garmenter that the Plaintiff requested the production and supply of the goods to the Chinese local enterprise, but the Defendant may also recognize the fact that B issued and delivered the garmenter’s order to which the Plaintiff requested the production and supply of the goods to the Chinese local enterprise. However, Eul evidence Nos.