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(영문) 대전지방법원천안지원 2020.11.05 2020가단540

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 1, 2017, the Plaintiff entered into a contract with D for the supply of goods for steel framed construction. Around December 1, 2017, G, which actually operates “F” with the Defendant’s husband and the Defendant’s business chain, demanded the Plaintiff to supply goods, and completed the supply of goods to the Defendant’s factory, and issued a tax invoice normally on December 31, 2017, with the Defendant supplied.

Therefore, the defendant is liable to pay the plaintiff the above price of KRW 58,000,000 and damages for delay.

2. Although there is no dispute between the parties to a transaction where the Defendant requested the supply of goods equivalent to KRW 58,000,000 among the parties to a transaction where the Defendant requested the supply of goods to the Plaintiff, the fact that the Defendant carried out the manufacturing of metal assembly materials with the trade name “F” is insufficient to accept the Plaintiff’s above assertion on the grounds that there is no clear evidence to acknowledge it otherwise.

(3) The Plaintiff’s claim is justified and thus dismissed. The Plaintiff’s claim of this case is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench.

참조조문