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(영문) 인천지방법원 2021.02.04 2020나52194

물품대금

Text

The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

the purport and purpose of the claim;

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates wholesale and retail business, such as agricultural products, group meals, etc. under his/her spouse’s name (C) and runs a wholesale and retail business, and the Defendant is a person registered as a business owner of “E” who runs wholesale and retail business, such as agricultural products, group meals, etc.

B. On November 21, 2018, E entered into a contract for the purchase of the following food materials with F elementary schools:

Consumers: Representative B contract name of E: Contract price for the purchase of food ingredients for F elementary school meals (agricultural products): 17,771,800 won: 2018-12-3 or 2018-12-27

C. From December 3, 2018 to December 27, 2018, the Plaintiff supplied food materials equivalent to KRW 17,184,100 to F elementary schools.

(d)

On January 8, 2019, the Defendant received KRW 17,184,100 from the F elementary school in the name of the Defendant.

E. The Defendant and G traded money, from June 2, 2017 to January 12, 2019; the Plaintiff and G, from January 5, 2017 to November 6, 2018; and the Plaintiff and the Defendant traded money, such as the attached list of deposit and withdrawal (hereinafter “attached sheet”) from May 2, 2017 to September 5, 2018.

[Ground for recognition] Unsatisfy facts, Gap 2, 3, 5, 7, 8 evidence, Eul 1-4, and 9 evidence (including various numbers; hereinafter the same shall apply), the result of each order to submit financial transaction information to H banks and Industrial Bank of Korea, the purport of the entire pleadings

2. The parties' assertion

A. The Plaintiff asserted that: (a) the Defendant and the Plaintiff participated in the supply of food materials conducted at a school within his/her respective jurisdiction from March 2017 to December 2018; and (b) the Plaintiff was selected as a supplier of a school within his/her jurisdiction; and (c) the Plaintiff agreed to supply the materials to the relevant school; and (d) the business entity selected as a successful bidder agreed to pay the goods paid from the school to the other party (hereinafter “instant agreement”). The Defendant’s Party E was selected as a food supply business entity of F elementary schools, a school within the Plaintiff’s jurisdiction; and (e) the Plaintiff’s food materials amounting to KRW 17,184,100, at the said school.