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(영문) 창원지방법원 2018.08.08 2017가단14683

물품대금

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. From November 21, 2016 to December 31, 2016, the Plaintiff asserted that the Plaintiff supplied the Defendant with the insignia (including value-added tax) equivalent to KRW 34,485,00 in total at the Busan Construction Site, and the Defendant is obligated to pay the Plaintiff KRW 34,485,00 (including value-added tax).

2. Of the judgment Gap evidence No. 2, the part of the defendant's title to be produced shall not be admitted as evidence, as there is no evidence to prove the authenticity, such as the defendant's seal, etc.

In addition, evidence Nos. 3 through 7 is insufficient to acknowledge the above assertion of the plaintiff on the grounds as follows, and there is no other evidence. Thus, the plaintiff's assertion cannot be accepted.

① There is no evidence to deem that “C” indicated as the acquirer at the bottom of the evidence Nos. 3-1 and 2 (each statement of transactions) had the right to receive the insignia on behalf of the Defendant.

② The evidence No. 4, No. 5, and No. 7 are all documents prepared by the Plaintiff unilaterally.

③ It is difficult to interpret the content of Gap’s evidence 6 as “to recognize the fact that defendant’s representative director D received the insignia from the plaintiff and to pay the price.”

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.