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(영문) 서울중앙지방법원 2018.05.23 2017나50258

물품대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

The court's explanation of this case by the court of the first instance as to this case is the same as the part of the reasoning of the first instance judgment, and thus cites this case in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for adding the following Paragraph 2

The defendant asserts that the defendant's assertion as to delay in the supply of additional contents has caused damages to the wheel Korea Co., Ltd. (hereinafter "wheel Korea") due to the plaintiff's failure to supply goods within the original time limit agreed with him/her, and the damages should be deducted from the defendant's obligation to pay for the goods.

Judgment

The Defendant alleged to the effect that the Plaintiff agreed to deliver goods to the Defendant on December 23, 2015, based on the e-mail (Evidence B) sent by the Plaintiff on December 23, 2015. However, the said e-mail is sent to the clothing company (hereinafter “B”) operated by C, not the Defendant, with the trade name of “B” (hereinafter “B”).

In full view of Gap evidence Nos. 1 and 3, Eul evidence Nos. 1, 17, 19, 23-1 and 2 of evidence Nos. 1, and 23-2, and the fact-finding results of the fact-finding with respect to wheel Korea, the original contract for clothing supply with the wheel Korea on Nov. 25, 2015, which was concluded on Nov. 25, 2015 and agreed to process the originals purchased from the plaintiff, etc. in line with the order of the wheel Korea and deliver wheel Korea. Eul signed a contract with the defendant on Jan. 1, 2016 and entrusted all of the duties, such as clothing product management, material management, and production management, which B bears to wheel Korea. The defendant concluded a contract for clothing supply with the plaintiff who was the business partner of B to perform the entrusted duties, and the plaintiff can be recognized as the person who was supplied with the tax invoice on Nov. 31, 2016.

However, the above e-mail is the defendant.