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(영문) 서울북부지방법원 2018.05.02 2017가단120568

물품대금

Text

1. The claim of this case is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Defendant, who is the actual operator of the E located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant E”) supplied livestock products, such as Korea-do, to the Defendant, and sought payment of the unpaid amount of KRW 74,575,021 and damages for delay.

B. Defendant merely arranged F’s work and purchase of livestock products, one’s own prior wife, who operates the instant marina, and did not actually operate the instant marina, and thus, Defendant does not have any obligation to pay the price for the goods.

2. Determination

A. Although the Plaintiff supplied livestock products, such as Korea, to the instant marina by April 2014, the Plaintiff was not paid KRW 74,575,021 out of the price, and the fact that the instant marina was registered as a business operator under the name of F is not disputed between the parties or may be recognized by comprehensively taking account of the respective entries and arguments in subparagraphs A and 3.

B. However, in light of the following circumstances, in light of the evidence Nos. 4 through 10, evidence Nos. 1 and 2, evidence Nos. 1 and 2, witness F’s testimony, fact-finding results of this court’s fact-finding on G Co., Ltd., and the overall purport of the pleadings, each of the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant was a person who actually operated the relevant marina and was supplied with the goods by the Plaintiff

(1) The Signatory of the specification of transactions was signed by the Signatory whenever the Defendant takes over livestock products from the Et above.

However, it is difficult to readily conclude that the Defendant is the operator of the relevant Mart or the party to whom the goods are supplied, solely on the sole basis of the above circumstances, is a party, in the sense that he/she takes over the goods even if he/she is not an operator.

Sheeting the written promise to repay the price, the Defendant prepared on October 16, 2015, “The outstanding amount at the time of October 2015 is KRW 74,575,021.”