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(영문) 서울중앙지방법원 2016.07.13 2016나14422

물품대금 등

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 evidence Nos. 1 through 3, Gap evidence Nos. 4 (a written confirmation, the defendant argued to the effect that the plaintiff prepared a written confirmation to the effect that he would have to proceed with the auction procedure against the defendant's store without any choice to do so, but there is no evidence to acknowledge the defendant's assertion), considering the overall purport of arguments as to Gap evidence Nos. 5 and Gap evidence Nos. 7, the plaintiff conducts dysin chain business, etc. with the trade name "B", and the plaintiff entered into a franchise agreement with the defendant on Sept. 13, 2004 with the purport that the plaintiff would provide crys, etc. to the defendant on Jan. 16, 2014, since the amount of goods, etc. that the defendant failed to pay to the plaintiff as of Feb. 13, 2014 is 10,757,820 won, and the defendant did not pay 10,757,820 won to the plaintiff on May 20, 2015.

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.