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(영문) 의정부지방법원 2014.07.17 2014나469
물품대금 청구의 소
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

1. Determination as to the cause of claim

A. As to the party’s assertion that the Plaintiff sought payment of KRW 30,228,730 of the remaining goods for steel materials, etc. supplied to the Defendant from April 25, 2004 to December 11, 2008, the Defendant, not the Defendant, but the Defendant, the representative of which is B Co., Ltd (hereinafter “B”) or C (hereinafter “C”).

B. Comprehensively taking account of the overall purport of arguments in the statement Nos. 1 through 3, No. 1-1 and No. 2, the plaintiff issued a transaction statement indicating "B Return" and signed by the defendant, his/her spouse D or his/her employees when the defendant supplied goods after Oct. 15, 2007, and the transaction statement dated 3, 2008 in the above transaction statement were based on the remaining price of goods before Oct. 15, 2007 to Oct. 15, 2007; the fact that the plaintiff received money from Oct. 15, 2007 to Jul. 3, 2008; the defendant supplied money from Sep. 8, 2008 to Jul. 3, 2008; the fact that the plaintiff received money from the representative director of Sep. 18, 2008; the defendant supplied the remaining price of goods from Oct. 15, 2007 to Oct. 31, 2008.

According to these facts, it is reasonable to view that the indication of “B Return” between the Plaintiff and the Defendant is not a company B but a natural person, and the statement of evidence Nos. 2 and 3 is insufficient to reverse the recognition, and no other counter-proof exists.

Therefore, unless there are special circumstances, the defendant is obliged to pay to the plaintiff 30,228,730 won for remaining goods and damages for delay.

2...

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