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(영문) 의정부지방법원 2019.04.26 2018나209646

물품대금 등

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the first instance is ① 4-6 pages of the judgment of the first instance.

Section 2-A of the following section

(2) The conclusion of the 8th judgment of the first instance with respect to the contents claimed by the defendant, emphasizing in the trial, the following 2-B.

Except for addition as stated in the judgment of the court of first instance, it is identical to the statement in the judgment of the court of first instance.

2. Parts used or added;

A. 4-6-2-B of the first instance judgment.

The defendant asserts that the plaintiff did not provide the defendant with the goods described in No. 2, No. 7 (related to A6-2), the goods described in No. 9 (related to A6-8), the goods described in No. 10 (related to A6-9), the goods described in No. 17 (related to A6-9), the goods described in No. 17 (related to A6-16), and the goods described in No. 25 (related to A6-18, hereinafter referred to as "the defendant's alleged goods"), among the three pages of the judgment of the court of first instance.

However, each of the statements in Gap 2, 5-8, 11, and 12 (if there are serial numbers, including each number; hereinafter the same shall apply) can be acknowledged by comprehensively taking into account the overall purport of the pleadings, and according to the circumstances such as one to four times, the plaintiff can recognize the fact that the plaintiff supplied the defendant with the alleged goods.

Therefore, the defendant's assertion is not accepted.

① Each supply date of the goods asserted by the Defendant, the Plaintiff’s employee submitted data supporting the fact that he/she delivered the goods to the Defendant’s employee via door-to-door or Kwikset Service.

(A6-6, 6-16, 8, etc.). (2) The Plaintiff issued a tax invoice for the goods alleged by the Defendant to the Defendant, and the Defendant completed the filing of the input tax return for the said goods by using it.

③ Although the Defendant was issued a tax invoice for the goods asserted by the Plaintiff, the Defendant was not supplied with the goods to the Plaintiff.

such as a shortage of quantity.