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(영문) 전주지방법원 2016.02.17 2014나9093
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. Based on the conjunctive claim added at the trial, the defendant 1,285.

Reasons

1. Basic facts

A. The Plaintiff is a person who sells withering, and the Defendant is a charcoal distributor.

B. On December 9, 201, the Plaintiff: (a) asked C to sell 3,510km (351 x 10 km per gambling house; hereinafter “the instant death”) owned by the Plaintiff, which was kept in custody after having entered into the Incheon bonded warehouse; (b) requested C to sell the instant death report; and (c) again requested C to sell the instant death report to the Defendant; (d) the Defendant requested C to send the instant death report to Busan, in which the Defendant, who is a dead wholesaler, was the Defendant.

C. On March 4, 2013, the Plaintiff sent the instant death report to Busan. After confirming the instant death report, the Defendant confirmed that “A was satisfe, with no death, with no satisfe, with no death, with no satisf, with no satch, with no satisf, with no satch, with no satfe, with no satch,” and the Defendant also asked the transaction to the effect that C cannot sell the instant death report.

Accordingly, C transferred the instant ergain to Busan, once the expenses were stored, and C stated to the effect that it would be sold as much as possible.

After the death of this case transferred to Busan, the Defendant stated that C sold the death of this case to 5,00 won per gambling.

E. The Defendant paid KRW 3,50,000 to the storage cost of the instant with respect to the warehouse.

[Ground of recognition] A without dispute, entry of Gap evidence 2, partial entry of Gap evidence 1, witness C's witness's partial testimony, purport of whole pleadings

2. The plaintiff's assertion

A. The Plaintiff, as the primary cause of the claim, entrusted the Defendant through C with the sale of the instant dead interest, and the agent or broker of the Plaintiff agreed to sell the instant dead interest in at least KRW 80,000 to the Defendant at least KRW 80,000 per gambling, and the Defendant at his own discretion set the sales price.

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