beta
(영문) 인천지방법원부천지원 2019.03.27 2018가단107918

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is the cause of the instant claim. The Plaintiff supplied the Defendant with the penalty equivalent to KRW 42,130,000 in total from September 17, 2017 to November 21, 201 of the same year. As such, the Plaintiff claimed payment of KRW 34,130,000 in total, limited to KRW 8 million, the Defendant claimed payment of KRW 34,130,000 in total.

2. The evidence of the Plaintiff’s submission of the judgment alone reveals the following circumstances, namely, the Plaintiff supplied the main monetary charge upon receiving an order from C, and C entered into a contract on behalf of the Defendant on behalf of C.

In light of the fact that there is no objective data to acknowledge that the Plaintiff has the authority to conclude a contract on behalf of the Defendant or that there is no objective data to acknowledge that the Plaintiff supplied the Defendant with the principal price, that there is no objective data to support that C purchased the principal price in the name of the Plaintiff, and that C issued the tax invoice in the name of the Plaintiff as well as the purchase of the principal price in the name of the Plaintiff, etc., it is insufficient to recognize that the Plaintiff supplied the Defendant with the principal price equivalent to KRW 42,130,000 according to the Defendant’s order. There is no other evidence to

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.