물품대금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. The gist of the parties’ assertion was that the Plaintiff supplied rice to the Defendant from December 18, 2018 to February 22, 2019. As such, the Plaintiff sought payment of the amount stated in the purport of the claim against the Defendant.
In regard to this, the defendant paid the prepaid rice to C with the supply of rice and paid the prepaid rice from C, but only suffered from the failure to be supplied with rice from C, and the plaintiff asserts that there is no relationship with the contract that the plaintiff would be supplied with rice.
2. Determination
A. In light of the facts written by C as to the part in the Defendant’s name of the evidence Nos. 2 (payment Certificate), there is no dispute between the parties as to the facts written by C, and in addition to the purport of the entire pleadings as to the whole written evidence Nos. 1, 4, and 5, the Defendant filed a criminal complaint against C as to the act of forging the above payment certificate under the Defendant’s name without having received rice payment from the Defendant in advance, and not supplying rice, and C filed a criminal complaint against C as to the act of forging the above payment certificate under the Defendant’s name, and C was prosecuted for fraud as to March 2, 2020. Accordingly, the part in the Defendant’s name among the evidence Nos. 2 (payment Certificate) appears to have been written at will by C without the Defendant’s permission, and it is not admissible as evidence for
Meanwhile, according to the statement No. 3 (including paper numbers), it is recognized that the Plaintiff issued an electronic tax invoice that the Plaintiff is a recipient of the Defendant (trade name: D).
However, the following facts are acknowledged as a whole by integrating the overall purport of the pleadings in the statements in the evidence Nos. 1, 9, and 14, namely, C, around December 18, 2018, the Plaintiff’s in-house director E at the Plaintiff’s office, despite that the Defendant did not deny C, the Defendant stated that “the Defendant would pay the price if he supplies rice to D operated by the Defendant,” and C should issue a tax invoice for the supply of rice with the Defendant’s business registration certificate, thereby obtaining a business registration certificate from the Defendant.