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(영문) 인천지방법원 2017.09.28 2017나50242
의료장비등 대금청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to that of the judgment of the court of first instance except for the following “2. height” and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. Parts in height:

A. The second half of the judgment of the first instance is that “(4)” was leased.

(b) add “C” after October 30, 2015, two pages “17” and “C” in front of “20 million won”, respectively.

(c) 21 papers 21 pages [based on recognition] shall add “Nos. 6, 7, 8, 9, and 10 papers 6, 7, 8, 9, and 10 papers” and delete “No. 5 papers”.

The 3rd 4th day part shall be described as " March 1, 2016".

E. As to whether the Defendant is obligated to pay KRW 3 million to the Plaintiff according to the instant confirmation, the instant confirmation cannot be deemed effective as an agreement reached between the Plaintiff and C, and no other ground exists to deem that the Defendant bears the same obligation to the Plaintiff.”

F. As to whether the Defendant agreed to pay the heating and cooling equipment cost to the Plaintiff on March 1, 2016, Article 4(b) of the Health Unit, Article 5(5) of the former Act provides that “No. 5 million won shall be paid to the Plaintiff on March 1, 2016,” and Article 4(5) of the former Act provides only F’s signature without indicating the agency relationship, and

The plaintiff asserts that F shall pay 8 million won for directors' expenses and heating and cooling expenses on behalf of the defendant while holding a mobile phone call with the defendant, and that F shall pay 8 million won for the defendant, and that F shall serve a duplicate of the complaint of this case on the defendant, and that the plaintiff sent F as his agent and caused the defendant to prepare the above agreement and the withdrawal of complaint (Evidence A No. 8) upon the plaintiff's criminal complaint due to residential intrusion against the defendant.

The defendant has the burden of proving that the defendant granted F the power of representation for the preparation of the above agreement to F. The power of representation.

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