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(영문) 대구지방법원 2019.10.02 2019나302914

물품대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation on this part of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for a supplementary or additional determination as to the Plaintiff’s assertion at the court of first instance as set forth in the following paragraph (2). Thus, this part is cited in accordance with the main sentence

2. The Plaintiff’s supplementary or additional determination is that E’s purchase transactions in the second half of 2016 are 106,439,000 won, and E was closed in the second half of 2017. On the other hand, the Plaintiff’s sales in the second half of 2016 to the Defendant were 190,273,100 won, and the sales in the second half of 2017 to 102,337,50 won. In light of the fact that from April 2016, the Plaintiff’s delivery of the original parts to the Defendant is not the Defendant, but the subject of the supply of the original parts to the Plaintiff.

On July 12, 2019, according to the results of the tax information reply issued by the head of the final tax office of this court on July 12, 2019, the fact that the purchase and sale transaction of E in the second half of 2017 is rarely not confirmed, but it is difficult to readily conclude that the transaction partner who supplied the original team was changed from F solely on the basis of such fact or the statement of evidence No. 9

(The plaintiff alleged that the plaintiff requested the supply of the original unit to the plaintiff in the first instance court is F which has been engaged in the transaction with the plaintiff in the name of the legal entity E from the past). Therefore, the plaintiff's above assertion cannot be accepted.

3. The plaintiff's claim shall be dismissed for the reason that the plaintiff's claim is without merit, and the judgment of the court of first instance is just for the conclusion, and the plaintiff's appeal is dismissed.