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(영문) 서울중앙지방법원 2015.10.20 2014나57746
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a company that sells small home appliances.

The defendant is a company that sells home appliances through the Internet.

B. A (in-house director of the representative B of a stock company) requested the Plaintiff to supply a vocational climate around June 2013.

C. From June 25, 2013 to the same year, the Plaintiff

8. The 686 Packer supplied up to 21.2 (hereinafter “the Packer”) was delivered to the buyer who ordered the Packer to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, partial testimony of Gap witness of the first instance trial, purpose of whole pleadings

2. Determination as to the cause of claim

A. The plaintiff asserts that since the defendant purchased the instant storm machine through A's brokerage, the plaintiff is obligated to pay the sum of KRW 18,212,000 and the delay damages for the purchase of the instant wind machine.

In regard to this, the Defendant asserted that A ordered the instant wind flag to B, which was operated by A, and that there was no contract between the Plaintiff and the Plaintiff to purchase the instant wind flag.

B. We examine the judgment, as evidence consistent with the Plaintiff’s assertion, there are some statements in A’s written confirmation of February 6, 2014 (Evidence A No. 4), C’s written statement (Evidence A 5), and testimony in A’s first instance trial that the Plaintiff and the Defendant mediated the sale and purchase of the instant vessel between the Plaintiff and the Defendant.

However, on April 1, 2014, a statement of April 1, 2014 (No. 1) contains a statement that the Plaintiff was supplied by B and delivered to the Defendant, and that there was no transaction relation between the Plaintiff and the Defendant.

In addition, while testimony at the first instance trial, A does not believe the evidence corresponding to the above plaintiff's assertion in light of the fact that he testified that the main question corresponds to the plaintiff's assertion was purchased by the plaintiff himself.

Gap evidence No. 3 and part of Gap's first instance trial.

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