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(영문) 서울중앙지방법원 2015.08.28 2014가합571248

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On July 12, 2013, the Plaintiff asserted that the portion of the claim for the payment of the price for the delivery of Posium 1) was made with the Defendant through B, who is an employee of the Defendant, and the Plaintiff entered into an agreement for the delivery of Posium to the Defendant from July 15, 2013 to December 31, 2013, and that the Plaintiff would deliver Posium to the Defendant and receive the price from the Defendant. From July 17, 2013 to August 23, 2013, the Plaintiff supplied 33,664,50 won in total to the Defendant from the Defendant and the Defendant’s delivery of 159,259,000 won in total, and the Plaintiff did not have any obligation to pay the Plaintiff the remainder of 174,405,500 won in total to the Plaintiff, and the Defendant did not have any obligation to pay damages for delay from the Plaintiff and the Defendant’s delivery contract to the Plaintiff.

B. A summary of the Defendant’s assertion 1) The Defendant merely received a total of KRW 34,484,00 from the Plaintiff on the part of the claim for the payment of the price of delivery of delivery of delivery of delivery, and paid the price in full, as alleged by the Plaintiff, and did not have concluded a contract for the delivery of delivery between the Plaintiff and the Plaintiff. 2) The part of the claim for damages arising from the employer’s liability between the Plaintiff and the Defendant.

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