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(영문) 청주지방법원 2016.02.04 2015나4062

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Paragraph 1 of the judgment of the court of first instance is applicable.

Reasons

1. As between September 25, 2014 and October 6, 2014 of the same year, the Defendant, who operated a company C with the facts of recognition B, provided each of the eva cut 15,090 g and 11,68,80 g (hereinafter referred to as “the instant goods”) equivalent to KRW 7,637,570 (i.e., 7,137,570 won) from the Plaintiff during the period between September 25, 2014 and October 3, 2014, provided each of the eva cut 15,090 g and 11,668,800 won from the Plaintiff, or the Defendant paid the Plaintiff a total of KRW 7,637,570 (i.e., 7,137,570 won, 500,000) by evidence Nos. 1, 2-1, 3, and 4-1 through 7 evidence No.

2. Determination as to the cause of action

A. As to the gist of the parties’ assertion, the Plaintiff sought payment of the unpaid amount of KRW 11,168,80 (i.e., KRW 7,137,570, KRW 11,668,80 - KRW 7,637,570) and damages for delay against the Defendant, the Defendant asserts that the party to the instant goods supply contract is a E managing D, and only the Plaintiff, who is merely an agent of transporting the instant goods, cannot seek payment for the unpaid amount against the Defendant.

B. Therefore, the following circumstances are considered as to whether the party who entered into a contract for the supply of the goods in this case with the Defendant, and the overall purport of the statements, images, and arguments in Gap evidence Nos. 1, 3, and 6, and Eul evidence Nos. 1 through 3, i.e., to purchase the eva scrap 41,870km to be used in Eul around September 13, 2014 by the Defendant, who operated Eul along with Eul, around September 13, 2014, and Eul notified the Defendant of the account number to receive the price of the goods in this case, and the Defendant sent a copy of the business registration certificate for the issuance of the tax invoice to Eul, and the Defendant supplied the goods in this case possessed by the Plaintiff as the introduction of Eul.