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(영문) 서울고등법원 2015.01.30 2014나27403

물품대금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff, a company engaged in the livestock product distribution business, has sold livestock products to B, under the trade name of “E” from March 2013 to June 2013.

B around June 2013, around 2013, the Plaintiff bears 483,39,898 won in total.

B. On June 28, 2013, the Plaintiff introduced the Defendant, who engages in livestock product distribution business in the name of “D”, and ordered the Defendant to deliver the 714 boxes (14,609.9kg) of small cattle to the Defendant, which is the name of the specific part of the small machine. The 1km is to be supplied in KRW 7,350 per 1 kilogram, and on June 26, 2013, the Plaintiff ordered the warehouse that keeps the Plaintiff’s goods, to deliver the 494 boxes (9,173.7kg) of small cattle to the Defendant. On June 28, 2013, the Plaintiff ordered the warehouse company to deliver the 714 boxes (14,609.9kg) of small cattle to the Defendant.

(hereinafter referred to as “the first shipment”; the second shipment as of June 28, 2013; and the second shipment as of June 28, 2013; and the two second shipment as of June 28, 2013; and the said two main shipment as of June 28, 2013 collectively referred to as “the instant filing of a lawsuit”; 【the instant filing of a lawsuit”; 【No dispute exists; 【No ground for recognition”; 【No entry as of subparagraphs 1 through 4, and evidence Nos. 6 (including the entire serial number; hereinafter the same shall apply); and the purport of the entire pleadings.

2. Determination as to the subject of contract conclusion

A. As to the plaintiff's assertion that the sales contract of this case was concluded between the plaintiff and the defendant, the defendant asserts that the sales contract of this case was actually concluded between the plaintiff and the defendant, and that the transaction with the defendant was made only formally and null and void.

B. Since C, as an employee of the Plaintiff, who was in charge of the transaction with B, has become close to KRW 500 million, C was ordered by the representative director of the Plaintiff to not engage in the transaction before reducing the amount of the outstanding payment from the Plaintiff’s representative director on June 2013, and thus, insofar as it does not reduce the amount of the attempted payment.