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(영문) 수원지방법원 2018.05.17 2016나77032

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

1. Around September 4, 2012, the fact that the Plaintiff sold the goods of this case to the Defendant by receiving it from the Defendant is recognized as having no dispute between the parties, or by taking full account of the overall purport of the pleadings in the written evidence No. 1 through No. 342,00 won, including a sum of KRW 4,342,00,00, in the 2nd floor of the Gangnam-gu Seoul Metropolitan Government C Building D, which was operated by the Defendant, (hereinafter “instant goods”).

2. According to the above facts of recognition, the defendant is obligated to pay the above amount of KRW 4,342,00 and delay damages to the plaintiff, unless there are special circumstances.

In regard to this, the defendant asserts that, since the goods of this case are purchased from the plaintiff and invested in kind in accordance with the contract with the defendant, the purchasing party asserts that the defendant has no obligation to pay the price for the goods because they are E.

Then, there is no evidence to acknowledge the above facts alleged by the defendant, and even if E invested in the goods of this case between the defendant and the defendant, as alleged by the defendant, as long as the plaintiff supplied the goods of this case to "D" operated by the defendant, the defendant bears the responsibility to the plaintiff as a joint and several liability or a nominal lender based on the partnership relationship with the plaintiff, so the defendant's assertion is without merit.

3. Conclusion, the plaintiff's claim of this case should be accepted as reasonable.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.