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(영문) 서울고등법원 2015.11.27 2014나46190

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The reasoning of the judgment of this court is as follows, except for adding the following judgments, and thus, it is recognized in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The defendant asserts that the plaintiff is not the defendant but the above company while the plaintiff issued a tax invoice for the price of the goods in this case in C future.

However, the reasoning of the judgment of the court of first instance is based on various circumstances, including the process and subsequent progress of the conclusion of the instant goods contract, the defendant's personal business chain D and C's current status of business and employees, and the whole purport of the argument of the appellate court. The plaintiff is deemed to have issued a tax invoice stating C as requested by the defendant, on the premise that some of the price of the instant goods is to be paid even by the plaintiff, and therefore, the above circumstance claimed by the defendant is not a interference with recognizing the parties to the instant goods contract as the defendant.

Therefore, the defendant's assertion is not accepted.

Since the judgment of the first instance is justifiable, the defendant's appeal is dismissed as it is without merit.