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(영문) 인천지방법원부천지원 2015.02.11 2013가합10443

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. After sending the terms and conditions of sale used by the Plaintiff to the Defendant, the Plaintiff entered into a sales contract on the instant goods with the Defendant upon receiving an order from the Defendant for VoIP (Voccl, Internet telephone, or voice calcocket network) and data neting-related products (hereinafter “instant goods”). Under the above sales contract, the Plaintiff sent the instant goods to the Defendant and received all of the Defendant. Of 406,182, USD 96, USD 61805, USD 805, out of the above sales amount, the Plaintiff transferred the claims for 336,182, USD 96, USD 377,166, or KRW 406,182, among the sales amount, to the Audco Korea Co., Ltd., Ltd., and the Defendant claimed that the remainder of the sales amount was reduced by 700,000,000 of the purchase amount, and the Plaintiff sought payment of USD 70,000,000.

2. When the purport of the entire pleadings is added to each of the statements in Gap evidence Nos. 3 through 6, 10, and 11, the facts that the plaintiff designated the defendant as the recipient of the goods of this case and the person subject to dispatch of the invoice and stated the same contents as the invoice in the invoice sent by the plaintiff, and the facts that the plaintiff received the goods of this case dispatched by the plaintiff can be acknowledged.

However, the above evidence and evidence No. 2 are as follows: ① the Plaintiff and the Defendant did not prepare a contract for the sale of the instant goods between the Plaintiff and the Defendant, and ② the Plaintiff asserted that it was directly ordered by the Defendant after sending the terms and conditions used by the Plaintiff (Evidence No. 2) to the Defendant, but they were located in different countries.