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(영문) 부산지방법원 2018.01.18 2017나5614
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. The parties' assertion

A. The Plaintiff’s “C” is mutually liable for payment of KRW 1,510,00 (including value-added tax) to the Plaintiff, since the Plaintiff, who produces gold in a mutual name, entered into a contract for goods supply with the Defendant, which produces gold-type products, and produces and supplies gold-type products to the Defendant, around February 2016.

B. The defendant introduced the plaintiff in the name of "E", since he was requested to produce gold-type production from F to F to produce gold-type production, the defendant did not have any ability to produce gold-type production.

Therefore, as the Plaintiff entered into a goods supply contract directly with F and produced and supplied gold-type to F, it is necessary to claim the price of the goods against F.

2. In light of the respective descriptions in subparagraphs 1 and 2-1 and 2 of subparagraphs 1 and 1-2, it is not enough to recognize that the respective descriptions in subparagraphs 1 and 2-1 and 2 are concluded between the Plaintiff and the Defendant, and there is no other evidence to acknowledge otherwise, the Plaintiff’s above assertion cannot be accepted.

3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance shall be just and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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