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(영문) 부산지방법원동부지원 2019.07.16 2018가단222053

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was that the Plaintiff supplied the Defendant and Nonparty D with the rink pipe, but did not receive KRW 33 million out of the price.

In this regard, an agreement was concluded between the Plaintiff, the Defendant, and Nonparty D on January 7, 2018, stating that “The Defendant and Nonparty D paid KRW 14 million to the Plaintiff from January 2018 to March of the same year, KRW 1.65 million between April of the same year and July of the same year, and KRW 1.65 million between August of the same year and October of the same year.”

Nevertheless, since the defendant and the non-party D did not pay the above money to the plaintiff at all, the defendant is jointly and severally liable with the non-party D to pay the above KRW 35.65 million and damages for delay from April 1, 2018 (the day after the above KRW 14 million has been due).

2. In order to verify that the agreement between the Plaintiff and the Defendant on January 7, 2018 was concluded, the Plaintiff’s evidence No. 1, which the Plaintiff was the Plaintiff, cannot be used as evidence because there is no evidence to prove the establishment of the said agreement, and there is no other evidence to prove that the agreement between the Plaintiff and the Defendant was concluded on January 7, 2018.

3. Thus, the plaintiff's claim is dismissed as it is without merit.