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(영문) 울산지방법원 2016.04.15 2015가단60824

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion asserts that the Plaintiff sought payment of the above money, since the Plaintiff supplied the Defendant with KRW 24,548,072 and the goods by April 23, 2015.

2. However, it is not sufficient to recognize that only the statement of evidence No. 1 is sufficient to acknowledge that the Plaintiff and the Defendant entered into a contract for the supply of the products with the Plaintiff, and there is no other evidence to prove otherwise

Rather, comprehensively taking account of the overall purport of arguments in the statements in Eul evidence Nos. 1, 2, 3, and 10 (including all of the serial numbers), and Eul evidence Nos. 4 through 9, C supplied the Defendant with the goods and goods from April 2012 to December 2014, and the Defendant deposited the goods into the account in the name of Eul. Upon C’s request, the Defendant purchased and processed the tax invoices or electronic tax invoices in the name of the Plaintiff, D, and Eul, and the Defendant purchased and processed the goods and goods in the name of Eul. Meanwhile, according to the appellate court’s agreement concluded with the Defendant for the supply of the goods and materials from the Plaintiff without any intent or ability to pay the price, it is difficult to view that C acquired the goods and materials from the Plaintiff to settle the price at the end of each month, and the Plaintiff concluded with the Daegu District Court for the supply of the goods and materials in accordance with the above article No. 205,000,000,000 won.

Therefore, the plaintiff's assertion is without merit.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.