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(영문) 인천지방법원 2020.11.04 2020가단233503
물품대금
Text

The claim of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The Plaintiff, from September 2016, supplied the Defendant with electronic equipment, such as electric percussion range from around September 2016, and the unpaid amount of goods reaches 81,075,760 won.

(1) The Defendant provided electronic equipment equivalent to KRW 81,075,760 to C with the Defendant’s introduction, and filed an agreement with the Defendant for payment of KRW 81,075,760 to the effect that, at the time, the Defendant agreed to pay the cost, the Defendant would be responsible for and repaid if it was not paid by C.

However, the Plaintiff supplied electronic equipment to the Defendant only by entering the evidence No. 1.

It is insufficient to recognize that the Defendant agreed to pay the price of the goods of the electronic equipment supplied to C. (The Plaintiff asserted that the Defendant supplied the electronic equipment directly to the Defendant at the time of the application for the payment order of this case, and that the Defendant was liable to pay the price of the goods of the electronic equipment supplied to C after the Defendant’s submission of the Defendant’s written reply, and there is no other evidence to acknowledge that the amount stated in the transaction statement of the evidence No. 1 is recorded later by the Plaintiff). Thus, the Plaintiff’s above assertion is rejected.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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