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(영문) 서울동부지방법원 2019.03.22 2018나22260
물품대금반환
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

(a) enter into a supply contract and supply all goods to C;

The Plaintiff is an investor to C and is not a party who entered into a contract for supply of keys with the Defendant.

3. Determination

A. We examine whether the contracting party’s key to the determination of the contracting party is the Plaintiff or the F Co., Ltd., as alleged by the Defendant.

The facts without dispute are as follows: Gap evidence 1, 3, and 7; Eul's testimony of witness G, testimony of witness C at the trial, and the overall purport of the pleadings; ① the plaintiff visited the defendant's business place located in Daejeon with C upon introduction around August 2015, and transferred the defendant's personal account to the defendant's personal account on September 7, 2015; ② the defendant sent the defendant's personal account to 0,00,00 won to 1,00,000 won; ② the defendant entered the defendant's mobile phone delivery contract to 0,000,000 won to 1,00,000 won to 2,50,000 won to 2,000 won to 3,00,000 won to be delivered to the defendant's personal account; ③ the contact point of the plaintiff's personal account to 2,50,000 won to 3,05,000 won to 3,05,000 won.

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