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(영문) 서울동부지방법원 2018.04.11 2017가단12630

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that runs a wholesale business for Cheongchine.

The defendant is a person who operates the "C" in Seoul Jung-gu Seoul Metropolitan Government B commercial building 108.

D From October 17, 2016 to May 10, 2017, D served as an employee of the Administration and Purchase and Sale in the above “C”.

B. At D’s request, E supplied Cheong water to C on credit from October 17, 2016 to May 8, 2017.

C. D received the office fees from the Defendant and paid only part of them to the Plaintiff.

In May 8, 2017, the credit amount as of May 8, 2017 is 33,097,500 won.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 to 7 evidence, the purport of the whole pleadings

2. The plaintiff asserts that the judgment on the cause of the claim is liable as a principal for the credit transaction act of D, the defendant's agent or his commercial employee, and that he is liable for the above credit payment of KRW 33,097,50 and damages for delay.

There is no evidence to prove that there is the power of representation to conclude a credit transaction agreement with lives, D.

D is not an employee in charge of purchase and sale, and is a commercial employee (a manager, an employee with a partial comprehensive power of attorney, etc.) under the Commercial Act.

D The plaintiff's assertion on the premise that the credit transaction has the power to represent is without merit.

3. The plaintiff's claim is dismissed.

참조조문